New Jersey Family Law

RANDOLPH MORRIS COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

Plaintiff, a domestic violence victim, appeals from the trial court's order denying her application to assume a new name, her request to waive the requirement to publish notice, and her request that the matter be placed under seal and not be entered in any data base accessible by the public. In this case, adhering to the rule requiring publication of an application to change a name would result in an injustice. Because good cause exists to seal the court record, it reverses the trial court order pursuant to Rules 1:1-2 and 1:2-1.     I/M/O Application of E.F.G. to Assume a New Name, ___ N.J. Super. ___ (App. Div. 2008); New Jersey App. Div., March 28, 2008.

HACKENSACK BERGEN COUNTY DIVORCE MEDIATION LAWYER

Charles C. Abut, Esq. has been named to New Jersey's Top 100 Lawyers in the April 2008 edition of New Jersey Monthly Magazine.  Peer-selected from among the more than 80,000 attorneys in New Jersey, Mr. Abut has also been chosen for inclusion in Best Lawyers in America in each year since 2000.  A graduate of Columbia [BA] and Cornell [JD], Mr. Abut is certified by the New Jersey Supreme Court as a matrimonial law attorney and has offices in Springfield and Hackensack, New Jersey.   March 27, 2008

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDICAID

After obtaining Medicaid benefits for his father, the son, through a power of attorney, obtained an $85,200 mortgage loan on his parents' condominium. The check was made payable to himself and his parents, and was deposited in the parents' bank account. A month later, he wrote himself a check for $35,000. The next day, he applied for Medicaid benefits for his mother, without revealing her ownership interest in the account. Then,  he wrote checks to himself totaling $24,250. A period of Medicaid ineligibility was therefore imposed on his parents. As a result, he had to repay the State Treasurer $67,792. Inter alia, the court rejects the son's claim he cannot be held liable for repayment, because his parents had resources beyond the qualifying limit, and it was his actions which resulted in the illegal payments. He failed to take the required steps to liquidate the condominium – the resource which rendered his parents ineligible for benefits – and then borrowed against the asset and transferred a large portion of those funds to himself. Further, his testimony regarding an alleged $35,000 loan he made to his parents – which he ostensibly paid back from the mortgage funds -- was found not credible.     A.H. v. Div. of Medical Assistance and Health Svcs., et al., New Jersey App. Div., March 19, 2008

SPRINGFIELD NEW JERSEY UNION COUNTY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge in charge of the case, Karen Cassidy, says there's no need for new custody experts in the divorce of New Jersey's former governor. Jim McGreevey asked to have his 6-year-old evaluated in his bid for shared custody. The judge, however, said such an evaluation is unnecessary and would delay the divorce trial, scheduled to start in May. McGreevey's estranged wife, Dina Matos, objected to any new experts being brought into the case so close to trial. She and her attorney left the court room without commenting. McGreevey says he is disappointed at the ruling, and will continue to seek equal joint custody of his daughter.      The Associated Press, February 15, 2008

CEDAR KNOLLS NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION

New Jersey legislation [S-1979] just enacted and effective in 60 days will allow New Jersey judges to restrict Internet access for convicted sex offenders and make it easier for law enforcement to monitor their online activity. The law limits Internet access for certain sex offenders who are subject to Megan's Law registration or community supervision for life or who are on probation or parole. The measure was introduced after it was reported that some 7,000 convicted sex offenders had registered at the social networking site MySpace.com. Florida and Nevada are the only other states to have enacted similar restrictions.    New Jersey Law Journal, December 31, 2007; <http://alm.rsys1.net/servlet/cc5?HtuUQSTSAQTVJJHLkzbxHllQgLlVaVSA>

HACKENSACK NEW JERSEY BERGEN COUNTY MATRIMONIAL MEDIATION LAWYER

The wedding bouquet has barely faded and already a New York bride has regrets — not because she married, but because of the flowers. The bride, Elana Glatt, says her florist committed a series of faux pas at her wedding. Ms. Glatt says in a lawsuit alleging breach of contract, the florist substituted pastel pink and green hydrangeas for the dark rust and green hydrangeas she had specified. Not only was the color wrong, but the hydrangeas were wilted and brown, and arranged in dusty vases without enough water. Ms. Glatt said they had reluctantly paid for the flowers in advance, with a cashier’s check for $27,435. She accused the florist of a "bait and switch" scheme, and asked for more than $400,000 in damages for, among other things, "unjust enrichment" by the florist. In a litany of "distressing and embarrassing" offenses, the lawsuit says the florist substituted cheaper orchids than promised in the bridal bouquet and provided the equivalent of $5 roses from a street vendor, but charged $55 to $65.       October 16, 2007; The New York Times

ESSEX COUNTY DIVORCE MEDIATION

The New Jersey Health Benefits Commission properly denied payment of the mother's claim for her son's orthodontic treatment. Although the boy suffers from a cranial deformity which affects his skull and jaws, and underwent surgery which was covered, the plan excludes treatment of "mouth conditions," regardless of the cause of those conditions. Relying on its own regulations and its handbook, the Commission justifiably determined that the dental/orthodontic treatment was not covered.   Salamon v. State Health Benefits Commission, New Jersey App. Div., February 23, 2007

BASKING RIDGE DIVORCE MEDIATION

Charles C. Abut, Esq., accredited Commercial and Family Mediator, just attended and successfully completed a training seminar in Advanced Mediation. The seminar program, which included Bioethics Mediation, Probate Disputes Mediation, Risk Analysis in Mediation and Internet Mediation Techniques, was sponsored and presented by the New Jersey Association of Professional Mediators. February 15, 2007

NEW JERSEY DIVORCE MEDIATION : BANK ACCOUNTS

The defendant bank had placed a hold on all of the accounts for which the plaintiff's wife was a signatory - including those owned by both husband and wife - instead of merely denying the wife access to the accounts, and the bank then dishonored several checks. The husband and wife failed to establish their claims against the builders for malicious abuse of process and tortious interference with contractual relations, and summary judgment was appropriate. Konner v. Hudson United Bank, New Jersey App. Div., April 13, 2006

CHARLES C. ABUT : BEST LAWYERS IN AMERICA

 

For the 7th consecutive year [2000-2006], Charles C. Abut, Esq. has been peer-selected for inclusion in Best Lawyers in America . In addition, he is again listed in the Top 100 New Jersey SuperLawyers in New Jersey Monthly Magazine [April 2006]. A family lawyer, a divorce mediator and a marital arbitrator, Mr. Abut has been certified by the Supreme Court of New Jersey as a matrimonial attorney. With offices in Bergen and Union Counties, Mr. Abut was chosen from among the more than 70,000 lawyers in New Jersey. He is a graduate of Columbia University [BA with honors] and Cornell University [JD]. March 31, 2006