New Jersey Family Law

CEDAR KNOLLS NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION

New Jersey legislation [S-1979] just enacted and effective in 60 days will allow New Jersey judges to restrict Internet access for convicted sex offenders and make it easier for law enforcement to monitor their online activity. The law limits Internet access for certain sex offenders who are subject to Megan's Law registration or community supervision for life or who are on probation or parole. The measure was introduced after it was reported that some 7,000 convicted sex offenders had registered at the social networking site MySpace.com. Florida and Nevada are the only other states to have enacted similar restrictions.    New Jersey Law Journal, December 31, 2007; <http://alm.rsys1.net/servlet/cc5?HtuUQSTSAQTVJJHLkzbxHllQgLlVaVSA>

WESTFIELD NEW JERSEY UNION COUNTY DIVORCE CHILD VISITATION AND CHILD SUPPORT

The father's motion for child support was denied, and the mother's cross-motion to enforce a prior order was granted. Primary custody was transferred to the father after the mother, who formerly had custody of the parties' child, underwent brain surgery that left her severely impaired. The father's motion failed to include proof of his income or a complete Case Information Statement, whereas the mother's proofs showed that her SSI total disability payments were her only source of income. A non-custodial parent is relieved of child support obligations if she is totally disabled and surviving solely on SSI benefits. The New Jersey divorce judge also properly enforced the mother's parenting time, rejecting the father's claim that the judge had an alleged female bias and bias against black families.    Leysath v. Mears, New Jersey App. Div., December 27, 2008

UPPER SADDLE RIVER NEW JERSEY BERGEN COUNTY DIVORCE COLLEGE EXPENSES CHILD EMANCIPATION

The New Jersey divorce judge was correct in denying the ex-wife's motion to compel the father to pay child support and the post-secondary educational expenses for their son and declared their son emancipated. However, the child's date of emancipation is modified to the date the father filed his cross-motion to have the son declared emancipated. The judge correctly applied each Newburgh v. Arrigo factor, including the son’s age, the parents’ ages, their educational attainment and expectations for their children, and their need to plan for retirement, which support the decision that the son is emancipated.     Dewindt-King v. King, New Jersey App. Div., December 26, 2007

WEST PATTERSON NEW JERSEY PASSAIC COUNTY DIVORCE MEDIATION ATTORNEY

The court rejects the ex-husband's claim of due process violations when he was found guilty of domestic violence. He was aware from the issuance of the temporary restraining order that he was facing severe consequences, he had adequate time to consult with his matrimonial attorney, there was no indication that he was confused by the proceedings, and he did not request an adjournment to retain counsel. Further, he was given a full opportunity to cross-examine plaintiff and the judge thoroughly examined him to be sure his version of the facts was set forth and gave him the opportunity to supplement his testimony. The New Jersey divorce properly evaluated the specific incident of alleged abuse in the context of the parties’ history, and observed their testimony and demeanor. There was sufficient credible evidence to sustain the finding that defendant committed an act of domestic violence against plaintiff.     Burns v. Burns, New Jersey App. Div., December 21, 2007

MORRISTOWN NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION ALIMONY

The ex-wife moved to convert rehabilitative alimony to permanent alimony. The New Jersey divorce judge analyzed the parties’ financial history and concluded that the ex-wife, a physician, was not a financially dependent spouse but had an income comparable to the ex-husband, also a physician. Thus, rehabilitative alimony reflected the period during which her income would remain depressed because of the need for recovery from a leg injury she sustained. The motion was properly denied because her unsubstantiated certification of a slump in business income – unsupported by documentation and explained only by the broad generalization that fewer births occurred geographically - was insufficient to sustain her claim of economic dependence. Nor did the court abuse its discretion in awarding the ex-husband counsel fees. Those fees were due to his repeated attempts to obtain her compliance with prior awards.       Jones v. Duch, New Jersey App. Div., December 19, 2007

JERSEY CITY NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION CHILD SUPPORT

There was no reason to modify the parties’ negotiated and agreed upon common $97,000 annual earnings imputation. The mother failed to present sufficient grounds to set aside that figure : she did not allege she was defrauded by any misrepresentation of her former spouse. Any mistakes about the financial and tax consequences of her agreement to buy out the interest in the marital home were unilateral. There is no reason to depart from applying the average historical rate on A-rated long-term corporate bonds to impute her income.    Orihuela v. Orihuela, New Jersey App. Div., December 17, 2007

HACKENSACK NEW JERSEY BERGEN COUNTY DIVORCE MEDIATOR

The mother appeals the decision of the New Jersey divorce judge who (1) eliminated the requirement that the father's parenting time be supervised; (2) vacated the prohibition on the father's driving the parties' daughter; and (3) revised the parenting time schedule without referring the parties to mediation. She also appeals the finding that defendant was not in violation of litigant's rights, but that the mother violated defendant's rights by interfering with his parenting time. The appellate panel affirms the elimination of the restrictions on defendant's parenting time, but remands for a statement of reasons on the issue of the mother's. Also, the trial court must state the reasons for not referring the parties to mediation before setting a visitation schedule.      Heller v. Heller, III, New Jersey App. Div., December 14, 2007

FORT LEE NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION LAWYER COLLEGE EXPENSES

The father wanted to have the court declare his 21 year old daughter emancipated and terminate his child support obligation for her. Instead, the New Jersey divorce judge granted the mother's cross-motion for enforcement of the obligation to contribute to the costs of the daughter's college education  until May 2008 -- the end of the girl's 4th year of pharmacy school -- as well as 36% of her post-secondary education expenses.    Mark v. Mark, New Jersey App. Div., December 12, 2007

SHORT HILLS NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION COLLEGE EXPENSES

If a parent is estranged/alienated from her/his child, can that parent be compelled to contribute to the college education of that child? Reviewing the tortured relationship between father and son, the New Jersey divorce judge found that the father earned $400,000 per year and had the clear capacity to pay the total amount of his son's college obligation. In addition, the court rejected the request to enforce an unsigned consent agreement he had attempted to procure through negotiations with the mother. The admittedly poor relationship between father and son was insufficient to outweigh remaining factors in the context of the boy's academic commitment and the father's ability to pay. Finally, the mother is mentally ill and financially incapable of making any contribution to the college costs.    Winans v. Winans, New Jersey App. Div., December 11, 2007

CONVENT STATION NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION

The ex-husband, an insurance broker, wanted to decrease his support payments, based on a decrease in his income due to claimed changes in the insurance industry. Although his income did fluctuate over the years, he offered no documentary proof of his contentions regarding the insurance market, or regarding other employment opportunities. The New Jersey judge also found that the alleged change in earning capacity was neither permanent nor involuntary. Therefore, the burden of proof for establishing changed circumstances was not met. However, the appellate court reversed and remanded the judge's denial of modification of child support for the parties' older child, who now lives away at college for a significant part of the year.    Cifrese v. Cifrese, New Jersey App. Div., December 10, 2007