New Jersey Family Law

NUTLEY NEW JERSEY ESSEX COUNTY DIVORCE LAWYER

All of the father's objections to the New Jersey divorce judgment orders are rejected. These include his claims that (1) because the mother did not pay the amount she was ordered to pay, all rulings by the judges are invalid; (2) because his daughter's math tutoring was unsuccessful, and he then tutored her with his "superior math skills," he was not obligated to pay the tutoring bill; (3) the visitation schedule should be adjusted; and (4) the mother should be required to produce and disclose her 2002 to 2006 income tax returns.     Marcus v. Martin, New Jersey App. Div., March 14, 2008

LITTLE FALLS NEW JERSEY PASSAIC COUNTY FAMILY LAW MEDIATION

The ex-wife sued for breach of contract, disputing the meaning of a provision that allegedly gave her rights in various published works written by the ex-husband. She argued she was entitled to 25 percent of the income generated, regardless of whether the books were written before or after the divorce. The language of the divorce agreement was ambiguous; therefore, extrinsic evidence of the drafting process merely offered a different view of the meaning of the contested term "fiction and non-fiction." Because this did not "cement" the issue, the ambiguity precluded summary judgment. At the same time, the claims were not dismissed, since the breach of contract claim was within the limitations period.       Kellman v. Mosley, New York County, March 13, 2008, <http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=97299>

CEDAR GROVE NEW JERSEY ESSEX COUNTY DIVORCE LAWYER

The New Jersey Family Law Executive Committee has voted [36-0-1] to support a legislative bill, with high priority, that would allow a child to remain enrolled in her/his school district until the end of the school year, if divorce is the cause of an involuntary relocation. See also N.J.S.A. 18a:38-1(a) and N.J.A.C. 6A:22-3.1.      March 12, 2008

ALPINE NEW JERSEY BERGEN COUNTY FAMILY LAW MEDIATOR

This case involves a review of the construction by the Board of Immigration Appeals of Section 203(a)(4) of the Immigration and Nationality Act, which grants a visa preference to qualified immigrants who are siblings of United States citizens. Did the court err in according Chevron deference to the BIA's decision that adopted children may not invoke this preference in favor of their biological siblings? The circuit panel holds that the District Court did not err and affirms.    Kosak v. Aguirre, Jr., etc., et al., Unites States Circuit Court of Appeals; 3d Circuit, March 11, 2008

KENILWORTH NEW JERSEY UNION COUNTY DIVORCE MEDIATION LAWYER

The father appealed from 2 two enforcement orders. The New Jersey divorce judge was familiar with the case and gave every opportunity before incarceration for payments to be made to the mother, or to suggest a reasonable proposal for payment of his outstanding support obligation. There was no violation of defendant's due process rights. Moreover, the judge was well within his discretion to dismiss defendant's untimely, "defective," and "unintelligible" cross-motions and focus the proceedings on his continued non-compliance with orders requiring him to reimburse plaintiff for tuition costs. There was substantial evidence in the record to support the judge's findings that defendant had the ability to pay pursuant to an order his attorney had negotiated 2 months earlier. The contumacious behavior merited incarceration.     Ali v. Ali, New Jersey App. Div., March 10, 2008

WEEHAWKEN NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY

The New Jersey divorce judge committed error and is hereby reversed. The father moved to terminate child support for, and to emancipate, his younger son (who had turned 18 and started community college without his input) The matter is remanded for a plenary hearing because there are contested issues of fact which the judge needs to resolve in consideration of the Newburgh factors, including the parties' ability to pay and the relationship defendant has with his son. The court also rejects defendant's argument that, since the court emancipated his older son on similar facts, that decision is the law of the case and should be applied to his younger son.     Offner v. Lewis, New Jersey App. Div., March 7, 2008

KINNELON NEW JERSEY MORRIS COUNTY PALIMONY MEDIATION

The parties cohabited for more than a decade as partners in a committed relationship. After they separated, plaintiff sued for palimony and division of property.  Defendant, initially represented by counsel, proceeded pro se. He failed to appear at an early settlement panel and to meet discovery obligations, so default was entered. He also did not respond to plaintiff's enforcement motions until 10 months after entry of judgment. The judge found no excusable neglect. However, he is entitled to be heard on his contention he had no notice of the enforcement order. Accordingly, the matter is remanded for reconsideration of that order only.      Bigica v. Rusuloj, New Jersey App. Div., March 7, 2008

BERKELEY HEIGHTS NEW JERSEY UNION COUNTY DIVORCE LAWYER

The ex-wife had a final restraining order entered against her, based on threatening and harassing voice mail messages she left for plaintiff, her former husband, and additional unanswered telephone calls where she left no message. Inter alia, she threatened to: (1) fall on plaintiff's property and sue him; (2) charge his elderly parents with embezzlement; and (3) follow plaintiff's new wife and her children, who should "worry" about her. Other comments she made led him to believe she was been stalking him. Not only did she admit to making the calls, but her only defense was she was responding to he allegedly did to her for the past 3 years. Thus, she asserted no proper purpose for her calls.     Karl v. Polo-Karl, New Jersey App. Div., March 6, 2008

MONTVILLE NEW JERSEY MORRIS COUNTY DIVORCE MEDIATOR ATTORNEY

Over the objection of the father, the court affirms the Family Part order which compelled the mother to pay the father $100 per week in child support, plus $25 towards arrears, for the parties' two youngest children, both of whom are currently with the father. Although the amount she was ordered to pay substantially differs from the child support guidelines, the judge's decision to deviate from the guidelines was a sound exercise of discretion, based on current income level. Since the father did not object to either the fact that the mother had not supplied financial documentation or that she wasn't sworn in when she participated in the hearing by telephone from Florida, those issues cannot be considered for the first time on appeal.   Gensinger v. Gensinger, App. Div., March 5, 2008

BLOOMINGDALE NEW JERSEY PASSAIC COUNTY DIVORCE LAWYER

It was proper to deny the ex-husband's motion for relief from the 1996 New Jersey judgment of divorce, requiring him to pay the ex-wife $500 for counsel fees she incurred in opposing his motion. His primary claim was that equitable distribution should be modified because she allegedly concealed a savings account and a worker's compensation award. However, a motion for relief from a judgment based on alleged fraud must be made within one year. Even if this could be extended because the fraud could not have been discovered within that time, defendant's papers did not describe how he discovered the fraud, nor why it could not have been discovered sooner.     Sherman, etc. v. Garcia, New Jersey App. Div., March 4, 2008