John B. D'Alessandro
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Recent Blog Posts

Stalking

“Domestic Contretemps” is Not Domestic Violence in New Jersey, but Threats and Harassment are

By John B. D'Alessandro |

A New Jersey appellate court recently addressed the circumstances under which a person can seek a final restraining order against a domestic partner based on harassing, but nonviolent, conduct.  While the opinion is not binding on other courts, it provides an illustration as to how courts will evaluate applications for a restraining order between… Read More »

Picture of child asking mother for money

New Jersey Court Orders Retroactive Increase in Child Support for Family with College-Aged Children

By John B. D'Alessandro |

The New Jersey Appellate Division recently issued a ruling granting a mother’s request for an increase in child support payments. The father’s arguments to the court against the increase were harmed, in part, by his lack of transparency about his income and refusal to comply with court requests. You can learn more about what… Read More »

Broken egg with 'pension' to alimony waiver override

In Divorce Modification Case Courts to Override Alimony Waiver in Special Circumstances

By John B. D'Alessandro |

In a recent published opinion—one that can be cited and relied upon as law in future cases—the New Jersey Appellate Division ruled that, when a pension that was to be shared by both spouses is depleted, courts are permitted to find a change in circumstances that could result in the imposition of alimony, even… Read More »

Grandparents visitation right allows grandmother to read to grandchild

Grandparents’ Petition for Visitation Rights Denied

By John B. D'Alessandro |

New Jersey is rare among states in that grandparents can seek visitation with their grandchildren even when both parents are alive and remain married. However, the grandparents must argue a strong case to the court proving that a lack of visitation would harm their grandchildren—a case that few grandparents can successfully make. A recent… Read More »

Life insurance policy required to be kept up after divorce

Divorced Spouse May Be Required to Maintain Life Insurance Policy Benefitting Ex-Spouse

By John B. D'Alessandro |

The financial implications of a divorce do not, unfortunately, end when a divorce settlement is finalized.  Where alimony and child support are parts of the equation, the payments may affect the payer’s estate, requiring certain assurances or preventing the distribution of certain property in order to ensure compliance with the ordered payments.  A recent… Read More »

Father custody of newborn boy

Court Deviates from Strict Child Custody Orders – Father Granted Custody

By John B. D'Alessandro |

Family law is unlike any other field of law in countless ways. Judicial intervention by a family part judge often occurs in highly intimate, personal areas. As a result, the court is often willing to deviate from strictly following the letter of the law when the best interests of the parties would be better… Read More »

Cohabitation & Marriage in New Jersey

Alimony & Cohabitation in New Jersey

By John B. D'Alessandro |

Alimony is a typical part of many New Jersey divorces, and the duration for which alimony is owed can be lengthy when the spouses were together for a long period of time.  But alimony requirements can change when there is a change in circumstances for one or both parties involved.  A common situation leading… Read More »

Badge highlights tax cuts and job act in New Jersey

Effects of the Tax Act on New Jersey Divorces

By John B. D'Alessandro |

The Tax Cuts and Jobs Act (“Tax Act”) passed in late 2017 affects millions of Americans in a variety of ways, some fairly obvious and some more subtle or unexpected.  A lesser-known provision that just went into effect as of January 1, 2019 affects how alimony payments are treated under the tax laws.  The… Read More »

A family can be happy even when on child support

Court Orders Reevaluation of Parent’s Child Support Obligation

By John B. D'Alessandro |

Even when couples create settlement agreements designed to eliminate future visits before the family part judge, flaws in the agreement can result in the need for court intervention. A recent opinion by the Appellate Division allowed a parent to seek a recalculation of his child support obligation where the couple’s marital settlement agreement (MSA)… Read More »

There's an app for that depicted on cardboard sign

New Apps Could Make Co-Parenting Easier after New Jersey Divorce

By John B. D'Alessandro |

When divorced spouses share children, they often have no choice but to regularly see, or at least speak to, their ex. These interactions can be tense, even explosive, if the couple had a contentious split. Many divorced parents thus try to find ways of raising their children together that minimize opportunities for conflict. A… Read More »

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