New Jersey Family Law

SOUTH ORANGE NEW JERSEY ESSEX COUNTY DIVORCE ESTATE LAWYER MEDIATION

  Is it constitutional for a testator to direct that grandchildren are disinherited if they marry outside a designated religion? "Because a testator or the settlor of a trust is not a state actor, there are no constitutional dimensions to his choice of beneficiaries. Equal protection does not require that all children be treated equally; due process does not require notice of conditions precedent to potential beneficiaries; and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions."

     In Re Estate of Max Feinberg, September 30, 2009

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

  After their New Jersey divorce, the parties verbally agreed to an adjustment in the monthly child support amount. Then, the father claimed the agreement was unenforceable, because it was not in writing, and because he had erroneously computed the amount due under the New Jersey Child Support Guidelines. The New Jersey divorce judge correctly ruled that these defenses were unavailing, especially since the mother relied on the agreement and it was implemented by the parties for more than a year.   

Foster v. McGee, New Jersey App. Div., September 29, 2009

ENGLEWOOD BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

The New Jersey Prevention of Domestic Violence Act can be violated in many different ways : "This matter arises out of a dispute between the parties regarding the disposition of an economic stimulus check they received or anticipated they would receive from the federal government."   J.P. v. C.P., New Jersey App. Div., September 28, 2009

BERKELEY HEIGHTS UNION COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

In New Jersey, divorce assets are divided in "equitable distribution." But does "equitable" mean "equal?" No. In this case, the husband received a two-thirds/one third split. The New Jersey divorce judge considered all relevant statutory elements and appropriately placed significance on his inheritance, which he comingled with marital assets and which were undisputedly earmarked for the benefit of the parties' children and grandchildren. Moreover, he insisted on joint signatures on large withdrawals, when the wife attempted unilateral withdrawals.  Speck-Bartynski v. Bartynski, New Jersey App. Div., September 25, 2009

CLIFTON PASSAIC COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The father appeals the denial of his New Jersey motion for retroactive modification of child support. Agreeing with the trial court that work-related child care expenses should be treated as child support for purposes of applying the prohibition in N.J.S.A. 2A:17-23a against retroactive reduction of child support, the Appellate Division affirms the decision to apply the reduction in child support as of the date of plaintiff's motion, not retroactively to the date the child began school.    Cushman v. Losasso, New Jersey App. Div., September 24, 2009

EDGEWATER BERGEN COUNTY NEW JERSEY MEDIATION ATTORNEY LAWYER

A New Jersey widow who claims she was duped or misled into believing her husband wanted to be buried in his lineal family's plot cannot move his remains, since New Jersey has adopted a strong public policy disfavoring disinterment.    Marino v. Marino,     N.J.    (2009); New Jersey Supreme Court, September 23, 2009

 

MADISON MORRIS COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

New Jersey has one of the country's lowest divorce rates. According to census figures released this week, the state's divorce rate in 2008 was 8.2 -- one percentage point above North Dakota for lowest in the country, and six points lower than Nevada, which clocked the highest percentage with 14.2. Three southern New Jersey counties ranked highest in the state for divorce rates. Atlantic and Cumberland counties saw 11 percent of adults divorced, with Salem County at 10 percent. Cape May and Ocean counties' divorce rates were 8 and 9 percent. In terms of marriage rate, southern New Jersey contains the highest and lowest counties in the state -- Cape May County scored 63 percent, while Cumberland County's marriage rate is 43 percent. Press of Atlantic County, September 22, 2009

LIVINGSTON ESSEX COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

The New Jersey divorce discovery orders from which this appeal has been taken were not final because they did not resolve the child emancipation issue that was the subject of the remand. Because this appeal was taken from interlocutory orders without leave of court, it is dismissed as interlocutory.   Eibling v. Eibling, New Jersey App. Div., September 21, 2009

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge terminated alimony, reduced child support, emancipated the oldest child and vacated all arrears. But these rulings are reversed. There was no evidence of a change in circumstances to support suspension of alimony. Further, there were no relevant factual findings or legal reasons provided. On remand, the support arrears must be readdressed and adjusted.    Schvey v. Schvey, New Jersey App. Div., September 18, 2009

FORT LEE BERGEN COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

For now, the legal fight about Dexter the dog is over, but at least one "parent" isn't happy with a judge's custody decision. A New Jersey divorce judge ordered a former couple to share custody of Dexter, after the pair paid lawyers more than $40,000 in fees. The judge ruled that the dog must spend equal time with Doreen Houseman and Eric Dare. The case may set a precedent for courts to look past how much a pet cost, and instead consider the subjective value to the ex-spouses when making a determination.   Associated Press News Wire, September 17, 2009