New Jersey Family Law

HACKENSACK NEW JERSEY BERGEN COUNTY DIVORCE MEDIATOR

Boyfriend's gifts to girlfriend during their engagement, including vacations, money for a vehicle, and a vasectomy, did not carry an implied condition of marriage. These were not conditional gifts because (a) he failed to establish his intent was to condition the gifts on a marriage taking place between them; (b) the purposes of the gifts were not frustrated when the marriage did not occur; and (c) the nature of the gifts did not establish they were conditional. Hess v. Johnston, Utah Court of Appeals, July 23, 2007;  http://www.utcourts.gov/opinions/appopin/hess062107.pdf

NEW JERSEY DIVORCE DISCOVERY

New Jersey divorce cases often require expert testimony from accountants, appraisers, mental health professionals and others. Before testifying, such experts must submit written reports summarizing their opinion, failing which they are barred from appearing at trial or, worst case, having the claim dismissed. That's what happened here, where plaintiff's complaint was dismissed. Rule 4:17-7 precludes consideration of the plaintiff's "updated" report, since it was not accompanied by a certification that the information was not reasonably available earlier through the exercise of due diligence. Plaintiff's case was fatally defective without the updated report. Plaintiff also violated Rule 4:24-1(c) by failing to file a motion to re-open discovery. The unexplained omissions do not qualify for equitable relief in the form of rule relaxation.  Chapadia v. Campbell, et al., New Jersey App. Div., August 21, 2006

Family Feud

Mom entered into a private annuity with her son. She gave him $1,000,000 and he agreed to pay her $159,081 per year for the rest of her life. Plaintiff, defendant’s sister, worried that he would receive an excessive sum if Mom died unexpectedly, which she did less than 4 months later. Meanwhile, the son had made written representations that he would transfer a portion to them, if Mom died, consistent with her Will. But after Mom died, he reneged and claimed that his agreement was unenforceable. On appeal, the Court affirms the jury finding of a binding agreement and rejects the son's contention that the agreement was void. Conley v. Binder, New Jersey App. Div., April 15, 2005

Child Support or Gift?

Dad hits the lotto for $200,000. He then pays $16,000 to his children. Later on, when he moves to terminate child support because of the emancipation of one child and other factors, he claims that he "overpaid" child support by the $16,000 amount. The Court holds that Dad's voluntary payments should not be used to penalize Mom, just because he chose to share his winnings with his children. LaBrecque v. Terefenko, New Jersey App. Div., February 2, 2005.