New Jersey Family Law

MADISON DIVORCE MEDIATION

When they signed their New Jersey divorce agreement, they created a custodial account to pay for their sons’ college education. Now, the father sought to convert this fund into a "trust account" to prevent the eldest son, who is now over 21, from claiming his share of the funds for any purpose other than defraying his educational expenses. The New Jersey judge was correct in refusing to rewrite the otherwise clearly-worded statement of the parties’ intent at the time of the New Jersey divorce.    Oliver, etc. v. Oliver, New Jersey App. Div., March 13, 2007

ESSEX COUNTY DIVORCE

Because the New Jersey divorce judge failed to conduct a hearing and did not allow the parties to present oral argument on the return date of plaintiff's motion, the order requiring the father to pay a portion of his son's college expenses is reversed. Although the matter was once remanded for further findings by the civil appeal settlement program judge, the four-page supplemental opinion was still inadequate, as most of the Newburgh factors were still not addressed, and the judge's opinion continued to rely on an erroneous assumption in the first order, i.e., that the son's mere enrollment in college, without more, triggered the parents' obligation to pay.   Robinson, etc. v. Bodden, New Jersey App. Div., February 26, 2007

BERGEN COUNTY DIVORCE MEDIATOR

It was proper for the New Jersey divorce judge to compel the father to comply with the parties’ New Jersey divorce agreement, signed only 18 months ago, by requiring payment for college expenses . The judge also dismissed the father's motion to reduce child support and awarded counsel fees to the mother. As to college expenses, although the father is upset that his ex-wife and daughter did not consult or communicate with him regarding the daughter’s choice of college, the Agreement does not require it . Also, the father did not object to his daughter’s choice until after she had already commenced her freshman term, and only after the mother filed a motion to enforce litigant’s rights. As to the reduction of child support, the judge denied the motion without prejudice, since the father had not submitted the required Case Information Statement, without which the judge could not make an informed decision.   Jones v. Jones, New Jersey App. Div., February 16, 2007

HUDSON COUNTY DIVORCE MEDIATION

Under the Uniform Interstate Family Support Act (UIFSA), the law of the issuing state controls the duration of a child support obligation entered in that state. Pennsylvania law does not require a parent to pay college expenses for a child who has reached age eighteen. Accordingly, even though both parents now live in New Jersey, UIFSA precluded the New Jersey court from modifying a support order, originally issued in Pennsylvania, to require defendant to pay for his eighteen-year old child's college education.  Warshak v. Weser, New Jersey App. Div.,  ___ N.J.___ Super. (App. Div. 2007); February 6, 2007

BERGEN COUNTY DIVORCE LAWYER

The mother was entitled to a plenary hearing and a complete Newburgh analysis from the New Jersey divorce judge . Thus, the order directing her to pay a proportionate share of her estranged daughter’s college tuition is reversed and the matter remanded for further proceedings. Of particular concern is the judge’s failure to consider the mother's limited financial resources; the impact her estrangement from her daughter had on the father's decision to exclude the mother from any meaningful discussion about the daughter’s education prospects; the root factors that led to the breakdown of the relationship, and any exacerbation by the mother's post-separation conduct; and the lack of evidence showing the parties’ agreement to pay for the daughter’s college education.   Dahms, Jr. v. De Santo, New Jersey App. Div., January 9, 2007 

NEW JERSEY DIVORCE LAWYER

The New Jersey divorce judge correctly denied the father’s motion to terminate child support for his estranged son, a full-time college student. The judge aptly rejected the father's claim that termination of his obligation was required because of the mother's violation of parenting time orders and her influencing the boy not to see his father. Both the mother’s and the son’s certifications disputed these allegations. No plenary hearing was necessary : only in rare circumstances have courts imposed economic sanctions reducing the amount of child support as a result of the custodial parent’s improper frustration of the non-custodial parent’s visitation time. Use of such a remedy is not favored and is used only after other efforts have failed.   Bullwinkel v. Bullwinkel, New Jersey App. Div., December 8, 2006

ESSEX COUNTY DIVORCE MEDIATOR

The New Jersey divorce Judge ruled the father was responsible for the college expenses for the parties' son. The Appellate Division rejected the father's arguments (1) the trial court abused its discretion by failing to require the mother to contribute toward the son's expenses and (2) the trial court did not consider the Newburgh v. Arrigo factors. The record supported the conclusion that, although the mother no longer was entitled to support from the father, her financial situation did not allow her to contribute toward the son's tuition and expenses.    Barken v. Pollack, New Jersey App. Div. October 5, 2006

NEW JERSEY DIVORCE MEDIATION

Under a new rule amendment, New Jersey divorce judges may now apply the New Jersey Child Support Guidelines to children over 18 who commute to college. Previously, the Guidelines were inapplicable to children over 18 attending college.     New Jersey Court Rules, Appendix IX-A, Item 18, September 19, 2006

ESSEX COUNTY DIVORCE MEDIATION

After the New Jersey divorce, the parent litigated their responsibility for their daughter’s college education. The New Jersey divorce judge's order is reversed and remanded. Reversal was required because the Judge stated only "naked conclusions" without finding the facts and did not explain why the costs of repairing the vehicle that the daughter drove should be divided equally between the parties, why the father should pay 75 percent of the daughter’s college expenses, and why the daughter’s custodial account should not be used to pay for her college expenses. Sherry v. Zebe, New Jersey App. Div., September 11, 2006

NEW JERSEY DIVORCE : GRAD SCHOOL COSTS

Can the children of a New Jersey divorced couple demand that parents pay for law school or medical school? That's not far-fetched. For example, in a recent ruling, New Jersey divorce Judge Zampino ordered Arthur Alfano, who already had paid some $125,000 for the undergraduate schooling of his daughter, Lauren, to provide an additional $15,000 for her graduate work. And this is not a case of first impression---there have been such decisions before, especially when the parents can financially afford it. New Jersey Lawyer, August 1, 2006