New Jersey Family Law

MORRISTOWN NEW JERSEY MORRIS COUNTY MATRIMONIAL LAWYER

It was correct for the New Jersey divorce judge to deny reinstatement of the father's driver's license. It had been administratively suspended pursuant to N.J.S.A. 2A:17-56.41 and R. 5:7-5(e) for failure to pay child support arrears of approximately $40,000. The judge rejected defendant's arguments that his disability and consequent involuntary unemployment were the cause of the arrears, and that suspension of his license would create an extreme hardship because he needed a license to obtain employment as a truck driver and for trips to the doctor for his daughter. Support had been set with the knowledge that defendant was unemployed, and the court was not satisfied that he established an inability to sustain any type of employment. Further, he had a long history of non-compliance with support orders even prior to his license suspension.    Rodriguez, etc. v. O'Brien, New Jersey App. Div., January 23, 2008

BAYONNE NEW JERSEY HUDSON COUNTY DIVORCE LAWYER CHILD SUPPORT

The New Jersey divorce judge was correct in increasing the father's parenting time, where the purpose of the change was to reduce stress on the children from custody transfers, and the children responded well to an alternating schedule. However, the judge erred in reducing the amount of child support based on defendant's contention that the amount agreed upon in the parties' New Jersey divorce agreement was a mutual mistake. There were factual disputes as to whether the parties had agreed to calculate the child support based on the New Jersey Child Support Guidelines, with fundamentally different views as to their intentions and whether there was a mutual mistake. Therefore, the judge should have held a plenary hearing, which is ordered on remand.     Foster v. McGee, Jr., New Jersey App. Div., January 14, 2008

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

CEDAR GROVE NEW JERSEY ESSEX COUNTY DIVORCE SUPPORT ARREARS LAWYER

The court denies the ex-husband's current request for relief from an order entered in 1995, more than twelve years ago, compelling him to pay the ex-wife child support arrears. A 2005 audit by the Probation Dept. showed that the full sum was still owed, in addition to almost $5,000 in alimony, yet the defendant moved for relief, contending he paid the monies directly to plaintiff a decade earlier. The trial judge correctly found the relief request came far too late and was barred by the doctrine of laches.   Tegethoff, etc. v. Tegethoff, New Jersey App. Div., December 3, 2007

HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE CHILD SUPPORT MEDIATION LAWYER

Although New Jersey law ordinarily bars retroactive modification of child support under N.J.S.A. 2A:17-56.23(a), the New Jersey divorce judge's decision awarding the father a credit for the period the child was not enrolled in kindergarten or when the mother did not incur work-related child care expenses is affirmed. However, the judge should not have---after 9 years--- vacated part of the New Jersey divorce judgment calling for for child support arrears, nor should he have denied the request for interest on those arrears.     Newman v. Newman, New Jersey App. Div., November 6, 2007

SUMMIT NEW JERSEY UNION COUNTY DIVORCE LAWYER MEDIATION

The New Jersey divorce judge erred in suspending child support for the parties' 17-year-old son. While the mother was moving to Vermont, the boy, who was about to start his senior year of high school in Waldwick, preferred to stay in N.J., but rejected the father's offer to come live with him. Accordingly, she made arrangements for the boy to stay with other relatives and/or friends in Waldwick. The father took the position that, if his son was not living with the mother, he did not have to pay her child support. She asserted the son was not emancipated, still needs financial support, and intended to continue on to college. She did not provide any evidence, however, that she was, in fact, providing financial support to the boy, and refused to reveal where the boy was living. While the court sympathizes with the judge's frustration with the parties' dismal submissions, it notes that the child was essentially unrepresented in this battle between his parents. It was not appropriate to suspend child support and "close" the case without hearing oral argument, which should be done on remand.   Finnan, etc. v. Finnan, New Jersey App. Div., November 1, 2007

FRANKLIN LAKES NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION CHILD SUPPORT ATTORNEY

The New Jersey divorce judge entered 3 orders after the New Jersey divorce judgment. But this was done without having oral argument or a plenary hearing and led to reduction of child support, after the 2-year no-change moratorium contained in the parties' New Jersey divorce agreement. Accordingly, the case is remanded for reconsideration of all these issues, including the plaintiff's request for contribution from defendant for child care expenses. Her counsel fee application is to abide the plenary hearing on remand.     Heldmann, etc. v. Pescatore, New Jersey App. Div., October 31, 2007

SOUTH ORANGE NEW JERSEY ESSEX COUNTY DIVORCE LAWYER CHILD SUPPORT

The New Jersey divorce judge properly rejected the mother's claims, including the amount of child support arrears owed, change of custody and various visitation issues. In particular, her planned pregnancy with her new husband, and her leaving work, "did not justify her failing to support her existing child." Thus, she did not present any evidence of changed circumstances justifying a plenary hearing on custody. Finally, the argument the father, as a male, was incapable of raising an adolescent girl, was constitutionally defective.     Schottel, etc. v. Kutyba, New Jersey App. Div., September 25, 2007

UPPER MONTCLAIR NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION CHILD SUPPORT

The New Jersey divorce judge correctly denied the father's motion to reduce child support because of his alleged disability related to a 2004 car accident. This was because the father failed to prove both "changed circumstances", as well as the unreasonableness of the "anti-Lepis" clause in the parties' New Jersey divorce agreement. The judge also properly awarded counsel fees to the mother.     DiPalma v. DiPalma, App. Div., September 19, 2007

JERSEY CITY NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION CHILD SUPPORT

Plaintiff sought reinstatement of custody of some minor child or children and lifetime financial and medical support from the defendants. Plaintiff also indicated that someone neglected and endangered the child or children. No dates, names, relationships or locations of incidents were given to provide a factual background of the nature of her dispute with the defendants. Although the court denies the motion to dismiss filed by DYFS and the defendant N.J. Dept. of Children and Families Interstate Services Unit, it does grant their motion for a more definite statement.     Scott v. Rowan Cy. Dept. of Social Svcs., et al., U.S. Dist. Ct., September 18, 2007