New Jersey Family Law

ALPINE BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

Relevant to all New Jersey divorce cases, the New Jersey Supreme Court has just approved new income tax withholding tables for use in implementing the New Jersey Child Support Guidelines. The update was necessitated by the federal economic stimulus legislation, the American Recovery and Reinvestment Act of 2009 (ARRA). ARRA amended the federal tax withholding tables effective April 1, 2009, resulting in increased net pay for certain wage earners, due to decreased withholding.      May 27, 2009

SUMMIT UNION COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

Some of Judge Sotomayor's most notable decisions have come in child custody cases. One case concerned a child of divorced parents who lived in Hong Kong. The mother had sole custody of the child; the father had "reasonable access." The mother took the child to New York, and the father filed a petition for return of the child. A custody order said the child could not be removed from Hong Kong without the consent of the father or the Hong Kong court, and the case centered on whether this clause confers "rights of custody" under the Hague Convention. If so, it would require the child's return to Hong Kong. On appeal, the court ruled the removal was not wrong because the father did not possess rights of custody. In her dissenting opinion, Judge Sotomayor argued for a broader interpretation of "custody."    Croll v. Croll, 229 F.3d 133 (2d Cir. 2000)

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The New Jersey divorce judge was wrong in declaring the daughter emancipated as of December 11, 2007, rather than the date the parties predetermined in their New Jersey divorce agreement, where they defined emancipation as having completed 4 years of college education. The daughter graduated from college on May 18, 2007. Thus, according to the Agreement, she was emancipated the following day.   Cichy v. Cichy, New Jersey App. Div., May 20, 2009

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE ATTORNEY

He lost his job in information technology and was only able to find new employment at a florist. Although the current economy may not allow him to replace his prior job in terms of responsibility and compensation, he presented very little evidence to explain his situation. Thus, his motion to reduce his alimony payments was denied and is now affirmed on appeal.   Williams v. Williams, New Jersey App. Div., May 18, 2009

MONTVILLE MORRIS COUNTY NEW JERSEY DIVORCE ATTORNEY

Use of "nonrefundable" New Jersey divorce retainer agreements is unethical and unenforceable. This is according to a decision just released, accepting the findings of an ethics special master that in two cases, Elliot Gourvitz Esq. violated the Rules of Court, barring nonrefundable retainers, and, in a third, flouted an ethics rule requiring return of unearned legal fees.  In The Matter of Elliot Gourvitz, New Jersey Supreme Court, May 13, 2009

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

This case involves the quintessential restaurant cash business. The husband's income was found to be "considerably" higher than reported on the income tax returns. As a result, he got hit in two ways. First, he had to settle with and pay up to the taxing authorities. Second, he had to pay alimony and child support consistent with the parties' marital lifestyle over the 19 year marriage, rather than the income level reflected on the phony tax returns. The New Jersey divorce judge is affirmed on appeal.    Plocharczyk v. Plocharczyk, New Jersey App. Div., May 11, 2009 

FORT LEE BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATOR

The New Jersey Assembly just recommended passage of 2 bills aimed at restricting a person convicted of stalking from contacting his or her victim by email. The first bill would add e-mail messages to the list of prohibited contacts that may be contained in a permanent restraining order, by amending N.J.S.A. 2C:12-10.1, which currently allows for restraining a convicted stalker from "initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim." The 2d bill would require anyone convicted of stalking to register all his or her email accounts, usernames and passwords with the local law enforcement agency.      New Jersey Assembly Bill A-2143 and A-3348, May 8, 2009

CALDWELL ESSEX COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The husband explained how a printout from an Instant Messenger dialogue box of a person "having a chat with another person in Yahoo" would look versus a message copied from the Instant Messenger dialogue box and pasted into Notepad. He explained that a printout directly from Instant Messenger is dated and time-stamped, while a printout from Notepad is "paste[d] in paints and file and then you can print it[,]" but that in Notepad, the message itself can be changed, altered, or manipulated. There was substantial credible evidence in the record to support the court's finding that defendant violated the New Jersey Domestic Violence Act and a final restraining order was necessary to protect the wife.    Shah v. Karnik, New Jersey App. Div., May 7, 2009

RINGWOOD PASSAIC COUNTY NEW JERSEY DIVORCE LAWYER

In a recent survey of the American Academy of Matrimonial Lawyers, 39 % of the nation's top divorce attorneys cite an increase in modifications being made to child support payments since the economic downturn began. Additionally, 42 % of the members report a rise in the number of changes made to alimony payments. While getting a judge to reduce child support payments because of a change in employment status was once quite difficult, today's brutal economy is making judges think again. Getting laid off — or switching to a lower-paying job — was once considered by the courts a temporary setback; it was assumed that the employee could find a comparable job soon enough, with as good a salary. These days, however, all bets are off. "The definition of 'temporary' is different now than it was," says New Jersey divorce Judge Michael Diamond.     New Jersey Bergen Record, May 6, 2009

 

FLORHAM PARK MORRIS COUNTY NEW JERSEY FAMILY MEDIATION

Nadya Suleman -- aka Octomom -- is being sued for exploiting her 8 newborn children. In a lawsuit just filed, it is claimed the 8 babies need a court-appointed guardian, and a separate theatrical agent, to make sure their options are fully "explored". The point is to make sure the children get their fair share of any revenues generated by their fame.  New York Daily News, May 4, 2009