New Jersey Family Law

DEMAREST BERGEN COUNTY NEW JERSEY DIVORCE MEDIATOR LAWYER

The New Jersey Administrative Office of the Courts has clarified confidentiality with regard to certain mandatory filings in New Jersey divorce actions. They pertain to Rule 1:38 -- Family Part Records --(1) Non-Redaction of Confidential Personal Identifiers from Confidential Court Records; and (2) Continued Confidentiality of Family CIS Appended to a Non-Confidential Document.  Notice to The Bar, November 23, 2009

HOBOKEN HUDSON COUNTY NEW JERSEY MEDIATION DIVORCE LAWYER

The mother was successful in obtaining child support arrears as well as an increase in the amount to be paid going forward. However, these requests were not explicitly set forth in her pleadings, nor was the father given proper notice, resulting in a denial of due process. Therefore, the orders entered by the New Jersey divorce judge are reversed and remanded.   May v. Molnar, New Jersey App. Div., September 9, 2009

LIVINGSTON ESSEX COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

They're separated. A divorce action is pending. Wife moves out of the marital home, which is in both names. Husband changes the locks. Then, while he's away on vacation, she hires a locksmith, enters the house and removes various items. Although she's arrested for burglary and trespass, the charges are later dropped and no criminal prosecution ensues. When she sues for false arrest, the case is ultimately dismissed : the arresting officer had probable cause.  Finigan v. Marshall, F. 3d.    (2d. Cir. 2009); August 5, 2009

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

They obtained their New Jersey divorce judgment in 1992. Thereafter, the ex-husband moved to terminate alimony and an order to that effect was entered in 2007. Although the ex-wife claimed she was never served with the underlying motion papers, the New Jersey divorce judge denied her application to set aside this order. Moreover, the court's file in the matter was lost and could not be located. Based on the foregoing and the lack of the requisite Case Information Statements, the judge is reversed and the order terminating alimony is vacated. Federow n/k/a Nekrasov, New Jersey App. Div., August 3, 2009

HAWTHORNE PASSAIC COUNTY NEW JERSEY FAMILY LAW MEDIATOR

The child was killed in a car accident. The father filed a motion to terminate child support as of the date of death; the mother cross-moved for termination of child support as of the motion filing date. HELD : child support terminated as of date of death. N.J.S.A. 2A:17-56.23(a) does not bar the modification of child support retroactive to the date of death. Nothing within the four corners of the statute evinces intent on the part of the legislature to bar retroactive modification upon such an occurrence. Moreover, to bar retroactive modification would be to punish financially an obligor who has thoughtfully, and in good faith, allowed an appropriate period of grieving and healing to take place before seeking redress in court.   Centanni v. Centanni,      N.J. Super.     (Ch. Div. 2009), June 9, 2009

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE JUDGE DISQUALIFICATION CONFLICT

Former Hackensack Bergen County New Jersey divorce Judge Edward Torack should have disqualified himself, because he had acrimonious litigation against his former partner, William Smith, attorney for the wife. The wife had an objectively reasonable belief she could not receive a fair and unbiased hearing. A new trial is required. But the new trial judge may assess attorney's fees based on Smith's failure to advise Torack he might move for recusal.   Chandok v. Chandok, New Jersey App. Div., April 19, 2009

MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce trial lasted more than 5 months. The Family Part decision took more than 10 months more. The appeal was not argued until more than 16 months later. The New Jersey Appellate Division opinion was not issued until more than 6 months later. If the pre-trial period was only one year, this case lasted more than 4 years.    Marchev v. Marchev, March 9, 2009

GUTTENBERG HUDSON COUNTY NEW JERSEY DIVORCE ATTORNEY

The New Jersey divorce judge correctly denied the husband's motion for recusal. There was no basis to conclude that the judge's impartiality was at any time compromised by the husband's unrelenting and unwarranted barrage of personal attacks and his repeated attempts to have the judge removed from hearing and deciding matters concerning this matrimonial action.    Hazlewood v. Poeckh, New Jersey App. Div., November 5, 2008

SADDLE RIVER BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY

  Defendant appeals from a default judgment in a New Jersey divorce. Plaintiff was awarded alimony of $500 per week, counsel fees of $15,000, and 100% of the assets she identified, including the proceeds of a personal injury suit. At the hearing, Defendant was in Egypt but was represented by counsel. Defendant failed to provide discovery, resulting in the default. Because there was no evidence of excusable neglect, denial of the motion to vacate the judgment was correct.   Ahmed-Hasan v. Mahmoud, New Jersey App. Div., October 27, 2008

TENAFLY NEW JERSEY DIVORCE LAWYER MEDIATION

The wife said the denial of her matrimonial recusal motion was "a gang rape...by a bunch of lawyers sanctioned by the State..." The Judge said the wife's "anger and disdain" may have been spurred by "disappointment" over the court's ruling. Her lawyer said his submission of the wife's 53 page affidavit was within his "duty of zealous representation." The husband [a lawyer and partner in the New York City law firm of Milbank Tweed Hadley & McCloy] cross-moved for sanctions and was awarded $7,262 in attorney's fees against the wife and a $2,500 fine against her attorney. The attorney for the children said both parents are "as nice as can be." Impastato v. Impastato, New York State Supreme Ct., September 22, 2008