New Jersey Family Law

MILLBURN SHORT HILLS ESSEX FELLS NORTH CALDWELL ESSEX COUNTY NEW JERSEY SPECIAL EDUCATION IEP

The United States Supreme Court is about to hear oral argument in a case involving the  requirements for an Individualized Education Program, a document that describes a student’s educational plan in public school. In this case, the child in question was diagnosed with autism at the age of two. He attended public school until the fourth grade, when his parents decided the school was failing to help him learn. They pulled him out of the public school system and enrolled him in a private school, where he made academic, social and behavioral progress. This case arises out of the subsequent claim for tuition reimbursement.      Endrew F. v. Douglas County School District , January 9, 2017

FORT LEE TENAFLY HACKENSACK EMERSON BERGEN COUNTY NJ DIVORCE SPOUSAL WIRETAP EMAIL

Putting an auto-forward on your spouse's email account when you suspect cheating can violate the federal Wiretapping and Electronic Surveillance Act.     Epstein v. Epstein, United States Court of Appeals, 7th Circuit, December 28, 2016

CLIFTON WOODLAND PARK WANAQUE RINGWOOD PASSAIC COUNTY NJ DIVORCE TAXATION MEDIATOR

You may be denied a new passport (or the renewal of an existing passport) if you owe more than $50,000 in taxes, under newly enacted federal legislation.    Internal Revenue Code, § 7345, August 8, 2016

HOBOKEN JERSEY CITY SECAUCUS GUTTENBERG HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

New Jersey’s highest court has ruled that an “ugly” divorce is not grounds for firing an employee. The ruling after a wrongful discrimination case, brought against the Millville Rescue Squad by Robert Smith, director of operations for the non-profit group. Smith, the plaintiff, had an affair with a volunteer at the company. Smith stated that he and his wife had been separated, and that divorce proceedings were imminent. Upon discussing the matter with his supervisor, he was fired, according to Smith. Both Smith and his wife worked for the rescue squad.      Smith v. Milllville Rescue Squad, New Jersey Supreme Court, August 5, 2016

CHATHAM MADISON WHIPPANY CHESTER MORRIS COUNTY NJ FAMILY LAW MEDIATION ATTORNEY

A New Jersey couple can't keep a stolen 7.35-carat diamond. It had been gifted from mother to daughter, after being purchased for $175,000. When they tried to have it insured, the inspecting jeweler discovered the prior theft.    Zaretsky v. William Goldberg Diamond Corp., United States Court of Appeals; 2d Cir., August 2, 2016

SPRINGFIELD SUMMIT MOUNTAINSIDE SCOTCH PLAINS UNION COUNTY NJ ADOPTION MEDIATOR

Under new legislation, New Jersey adoptees can access their records, starting in January, 2017. Adoptees who want copies of their birth certificate and to learn more about their birth family’s medical history can fill out applications now.    New Jersey Department of Health, July 25, 2016

MILLBURN MONTCLAIR MAPLEWOOD VERONA ESSEX COUNTY NJ COHABITATION DEATH ELECTIVE SHARE MEDIATOR

At the time of his death, the decedent and the contestant "were not in a co-habitation relationship" under circumstances giving rise to a cause of action for divorce. So, the contestant was not entitled to "an elective share of one-third of the augmented estate" (see N.J.S.A. 3B:8-1).   In Re Calvert, New Jersey App. Div., July 11, 2016

 

 

 

 

FORT LEE CRESSKILL RUTHERFORD TEANECK BERGEN COUNTY NJ FAMILY LAW MEDIATION

After the break-up of their New Jersey short-term romantic relationship, she sued him for monetary damages, including unpaid loans, clothing, utilities, boarding, groceries, gas, tolls and alcoholic beverages. Her complaint was dismissed as based on alienation of affections, a cause of action abolished under N.J.S.A. 2A: 23-C- 1 et seq. [The Heart Balm Act]. This dismissal is affirmed on appeal.    Digna v. Taveras Fernandez-Virgilio, New Jersey App. Div., June 30 , 2016

NEW JERSEY RETIREMENT ALIMONY DIVORCE ALPINE CLIFFSIDE PARK TEANECK ORADELL BERGEN COUNTY ATTORNEY MEDIATION

This case involves a divorced couple who were retired and disabled at the time of their New Jersey divorce in 2006; they both remain disabled today. What is the impact of (a) retirement, (b) Social Security and (c) Medicare on the obligation of the 72-year old ex-husband to continue alimony payments to the ex-wife?     Brown v. Brown, New Jersey App. Div., June 1, 2016

MODIFYING CHILD SUPPORT MEDIATION HAWTHORNE POMPTON LAKES WANAQUE LITTLE FALLS PASSAIC COUNTY ARBITRATOR LAWYER

Your divorce took place in another state, but you’re now living in New Jersey. If you want to modify the ongoing child support payments, do you do it in New Jersey or in the state where you originally got divorced?        Nolan v. Gaeckler, New Jersey App. Div., May 26, 2016