New Jersey Family Law

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge denied the father's motion to emancipate his 20 year old daughter. However, this ruling improperly dealt with the contested questions of fact as to whether she had moved beyond the "sphere of influence" of her parents by foregoing schooling, working full-time, and choosing to start a family on her own while she was capable of financially supporting herself. The decision is reversed and remanded for a plenary hearing.         Presper v. Presper, New Jersey App. Div., May 28, 2010

PARSIPPANY MENDHAM MORRIS COUNTY NEW JERSEY CHILD EMANCIPATION MEDIATOR LAWYER

The New Jersey divorce judge declared the two younger children emancipated because the mother failed to provide proof of their full-time attendance at college with passing grades. This decision is now affirmed on appeal.        Kershaw nka Dodsworth v. Kershaw, April 16, 2010

ESSEX FELLS ESSEX COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

The father filed a motion to terminate child support, claiming the parties' 18 year old son was emancipated. But because the New Jersey divorce judge decided the motion merely based on the parents' conflicting certifications, the case is reversed and remanded for a plenary hearing to determine the extent of the son's disability and whether he has the capability to obtain/maintain gainful employment to contribute toward his own maintenance.     Mascuillo v. Mascuillo, New Jersey App. Div., January 28, 2010

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 MEDIATION LAWYER

This case corroborates the well-established proposition that the New Jersey Child Support Guidelines do not apply, once children reach the age of 18. The father was seeking to reduce his child support for his 18 year old son, who is attending college. The New Jersey divorce judge denied the application without a plenary hearing and without oral argument. This was reversible error.   Nesmith v. Nesmith, New Jersey App. Div., July 20, 2009

NORTH CALDWELL ESSEX COUNTY NEW JERSEY DIVORCE EMANCIPATION LAWYER MEDIATION

The parties were divorced in Pennsylvania and later moved to New Jersey. The mother appeals from the New Jersey divorce judge's ruling declaring the children emancipated under Pennsylvania law and terminating the father's child support obligation. The divorce agreement clearly stipulated Pennsylvania law as the governing standard for determining the parties' rights and obligations arising out of their marriage. Because New Jersey lacked jurisdiction to decide otherwise, the rulings below are affirmed.    Lewis v. Mauss, New Jersey App. Div., July 9, 2009

MORRISTOWN CHILD EMANCIPATION DIVORCE LAWYER MEDIATION MORRIS COUNTY NEW JERSEY

The father wanted to declare his 18-year-old daughter emancipated and terminate child support payments. But emancipation was inappropriate because the child resides with the mother and attends a community college nursing program rendering her unable to work part-time.    Gentile v. Gentile, New Jersey App. Div., July 1, 2009

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

HOBOKEN HUDSON COUNTY NEW JERSEY CHILD EMANCIPATION COLLEGE MEDIATION LAWYER

Because there were contested issues of fact - including the parties' daughter's move out of her mother's house, the extent of her attendance at college, her progress in earning a degree, her alleged acting in pornographic movies and her commission of multiple acts of forgery and theft, the New Jersey divorce judge should have conducted an evidentiary hearing. Now, the daughter's motion to intervene has been granted and the case is remanded for trial.     Novy v. Novy and Novy, Intervenor, New Jersey App. Div., January 6, 2009

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE EMANCIPATION COHABITATION MEDIATION

The ex-husband wanted to have his 18 year old daughter declared emancipated. He also wanted to terminate alimony based on the ex-wife's alleged cohabitation. The New Jersey divorce judge erred in denying these applications. Because a facie case of emancipation and cohabitation were established, this was sufficient to warrant a plenary hearing on both issues. The case is reversed and remanded.      Rooney v. Rooney, New Jersey App. Div., December 5, 2008