New Jersey Family Law

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

MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

"We will not address plaintiff's objections...Due to the date upon which plaintiff's New Jersey divorce notice of appeal was filed, our jurisdiction to consider the merits of that order requires a showing of 'good cause' for the untimely filing that plaintiff has not attempted to provide. See R. 2:4-1(a) (requiring filing of a notice of appeal within forty-five days of service of decision or notice of the action); R. 2:4-3(e) (providing for tolling while motion for reconsideration is pending); R. 2:4-4(a) (permitting extension of time upon 'a showing of good cause' for a period not to exceed thirty days)."    Aiello v. Aiello, September 16, 2009

RINGWOOD PASSAIC COUNTY NEW JERSEY DIVORCE LAWYER

10 years of non-stop New Jersey divorce litigation, still continuing. Both parties are lawyers; unreported/under reported income; DYFS, psychiatrist, psychologist, parenting coordinator, mediation, various custody/parenting applications involving the five (5) children; multiple municipal court and Domestic Violence filings; malicious prosecution; bankruptcy petition; motions to change venue and judicial recusal due to alleged bias; law practice valuation; at least 3 forensic CPA experts; CIS claim for lifestyle savings of $12,500 per month [based on half of $25,000 per month]; two appeals and on the way to the third; wife's litigation expenses at $670,000 (through trial only).    Romania v. Mattera, New Jersey App. Div., September 4, 2009

MILLBURN ESSEX COUNTY NEW JERSEY DIVORCE ATTORNEY

The husband appealed from the New Jersey divorce judgment, claiming (a) error regarding equitable distribution and (b) a binding settlement had been reached between the parties. Although the appellate court rejects the settlement claim, the case is remanded for reassessment of the equitable distribution award. The husband's request to have the New Jersey divorce judge recused based on alleged bias is denied.    Amir v. Amir, New Jersey App. Div., August 24, 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)

TEANECK BERGEN COUNTY NEW JERSEY DIVORCE APPEAL MEDIATION

After a 29 day divorce trial, the New Jersey divorce judge issued a decision, appropriately awarding custody to the mother and correctly imputing annual income to the father, in calculating the alimony and child support awards. These rulings are affirmed, along with the valuation of the various marital assets.   Clemente v. Clemente, New Jersey App. Div., December 9, 2008

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE LAWYER APPEALS

"This Property Settlement Agreement also included a final provision...stating that each party agrees that any matter arising out of this agreement shall be decided by any judge...in a summary non-jury proceeding and that the decision of that judge shall be final, conclusive and non-appealable and binding upon the parties."  This clause was sustained as valid.  Burke v. Burke, Court of Appeals of Virginia, October 1, 2008

DUMONT BERGEN COUNTY NEW JERSEY DIVORCE LAWYER

All of the New Jersey divorce judge's rulings pertaining to alimony, child support, equitable distribution and counsel fees are reversed. The opinion contained numerous findings of fact not supported by or inconsistent with the evidence presented at trial. Moreover, the judge failed to make findings with respect to the parties’ lifestyle, did not disclose how child support was calculated, and did not address issues such as plaintiff’s requests for credits against equitable distribution for defendant’s non-compliance with his pendent elite obligations. Kotbi v. Kotbi, New Jersey App. Div., September 9, 2008

MENDHAM MORRIS COUNTY NEW JERSEY DIVORCE LAWYER ARREARS MEDIATION

After the New Jersey divorce judgment, the ex-husband accumulated support arrears of $129,350. Although entry of judgment for this amount is affirmed on appeal, the order requiring defendant to discharge the obligation by payment of $2,694.80 per month is vacated. The case is remanded for reconsideration of an appropriate payment schedule.   Kendall v. Molinari, New Jersey App. Div., July 28, 2008

EDGEWATER BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY CUSTODY MEDIATION

The New Jersey judgment of divorce provided the parties would meet with a parenting coordinator for 3 months to try to resolve parenting time during vacations and holidays. Plaintiff appealed from the entry of this provision, but the appeal is dismissed : the order is not a final judgment subject to appeal and no leave to appeal was requested or granted.  Cestone v. Cestone, New Jersey App. Div., July 25, 2008