New Jersey Family Law

NEW JERSEY ADULTERY

His widow [his second wife, 28 years younger] sued his Estate, claiming that his sons from his prior marriage used "undue influence" to induce their father to make a new will in their favor, depriving her thereby. She sought to set aside the new will and admit a prior will in her favor. The children counterclaimed, alleging misappropriation through her misuse of a power of attorney and improper transfer of his assets. The children wanted discovery of her prior divorce and a purported adulterous affair. The court holds that her cell phone records must be produced, specifically with respect to an individual with whom plaintiff allegedly had an affair. Evidence of decedent's knowledge of his wife's infidelity may be evidential as it relates to his wishes to change his will.   In Re Estate of Fenton,  New Jersey Chancery Div., September 13, 2005

New Jersey Family Negligence

A 19-year-old New Jersey woman has filed a negligence suit alleging her mother allowed her stepfather to rape her. The assailant, Randall Venzie, is serving 67 years for his 2003 conviction for sexual assault and child endangerment, but charges against the mother, Charlotte Venzie, were dismissed. The daughter had testified her mother knew about the assaults, but did nothing to stop the rapes that began when she was 6 and continued 10 years. She claims she suffers emotional distress, mental anguish and anxiety as a result.  Venzie v. Venzie, New Jersey Law Div., Cape May County, New Jersey Lawyer, September 12, 2005

New Jersey Divorce Retirement

At the time of their New Jersey divorce, he was 62 and had already received notice terminating his employment. He also had made known his intent to retire at age 65. He had been unable to find new employment and was subsisting on Social Security payments, paying alimony only by drawing on the equity in his real estate holdings. Under these circumstances, it was error to deny his application to reduce/eliminate his alimony obligation [1] without a hearing, [2] without considering critical evidence and [3] without evidentiary support on significant factual issues.  Moore v. Moore, New Jersey App. Div., September 9, 2005

Terminating Parental Rights

The trial judge properly terminated the parental rights of appellant to his 5-year-old son and 4-year-old daughters. The New Jersey record showed his drug problems, extensive history of arrests and incarceration, domestic violence, lack of visitation with the girls [even when he was free] and multiple unsuccessful attempts at rehabilitation.   New Jersey Div. of Youth and Family Services v. D.H., et al.; I/M/O Guardianship of M.J.H., et al., Minors, New Jersey App. Div., September 8, 2005

New Jersey Divorce Fees

He was recalcitrant and impractical. He took unreasonable settlement positions and ignored the opinions of both experts involved in the case. As a result, she incurred substantial additional and unnecessary counsel fees, directly attributable to his conduct. Thus, the court was correct in its award of counsel fees in her favor and in denying his application in its entirety.  Hildebrandt v. Hardy, New Jersey App. Div., September 7, 2005

Summer Camp & Hebrew School

The parties had verbally agreed that their son would continue to attend camp after their divorce and that they would share the costs equally. The ex-husband did not attack the "essential basis" for the Family Part's order that he share equally in the costs for the son's attendance at Hebrew school. His arguments about standing and the Family Part's authority to order him to make a payment in the absence of a demand from the Hebrew school were "entirely misplaced" and lacked merit.  Kahn v. Kahn, New Jersey App. Div., September 6, 2005

NEW JERSEY DIVORCE JURISDICTION

If ample notice [here, by motion, not a separate complaint] is provided that a party to a domestic violence proceeding is invoking the broader equitable powers of the court to seek a remedy not specifically provided by the Prevention of Domestic Violence Act of 1991 [such as a determination of rights to real property between unmarried cohabitants], the court has jurisdiction to adjudicate the dispute.   Mitchell v. Oksienik, ___N.J.___ (App. Div. 2005), New Jersey App. Div., September 2, 2005

New Jersey Student Loans

Post-judgment order directing parent to pay a proportionate share of student loans is reversed, since trial court ruled without the oral argument requested by the parties, contrary to Rule 5:5-4(a). Also, the court's opinion fails to evaluate all the Newburgh factors, nor does it consider all the terms of the Property Settlement Agreement.    Anderson v. Anderson, New Jersey App. Div., September 1, 2005

New Jersey Broken Engagement

This New Jersey couple was engaged to be married and living together. When they broke up, he claimed there was a verbal agreement to share their expenses. She refused to pay her share of the bills and he sued for breach of contract. The trial court found that he failed to prove the existence of an enforceable agreement. This ruling is affirmed on appeal. The moral of the story : get it in writing. Can you say "prenuptial"?    Jodha v. Bailey, New Jersey App.Div., August 31, 2005