908-964-0102Recent Blog Posts
Court Finds No Cohabitation for Couple Sharing a Home
New Jersey law dictates that agreements to pay alimony may be terminated or suspended if the paying spouse can prove “changed circumstances,” such as that the alimony-receiving spouse has begun cohabiting with a romantic partner. Proving “cohabitation” as defined under the law, however, isn’t as straightforward as showing that the spouse shares a home… Read More »
Suicide as a Breach of Marital Settlement Agreement
One of the cardinal rules of both divorces and estate proceedings is that you cannot get around paying your wife. A recent, morbid case, illustrates that the platitude extends even beyond death. A man was required to take out a life insurance policy benefitting his ex-wife and their children as part of their divorce… Read More »
New Jersey Courts May Garnish a Retirement Plan to Pay Overdue Child Support, Alimony
Even after a divorce is all said and done, many people find themselves back in court when their ex refuses to pay. Ex-spouses may drag their feet when it comes to paying child support, alimony, health care and college expenses, and other related fees. A New Jersey court recently addressed the unusual circumstances under… Read More »
New Jersey Court Examines Potential Grounds for Recalculation of Alimony
In a newly-released Appellate Division opinion, the court returned a case to a Family Part judge for reconsideration of an alimony dispute. The court’s decision centered on the types of changed circumstances that could lead to a recalculation of alimony, namely whether a reduction in the payor’s income was the only path to an… Read More »
How New Jersey Courts Enforce Divorce Settlement Agreements
Finalizing a marital settlement may not be the last hurdle a divorced couple faces. Either party may find reason to object to the terms of the settlement down the line, such as if new financial evidence comes to light or if one party’s financial circumstances change dramatically. A recent appellate case sheds light on… Read More »
Non-Custodial Parent Can’t Be Compelled to Take Daughters to Other Parent’s Chosen Church
New Jersey case law permits parents to agree in a property settlement agreement (PSA) on the type of religious education their children will receive post-divorce. However, there are limits on the degree to which these agreements can impact the rights of the alternate parent to expose their child to alternative religious traditions. A recent… Read More »
Lawyer Representing Himself in Divorce Claims Ineffective Assistance of Counsel
There’s an old saying in the legal community that a lawyer representing himself in court has a fool for a client. In one recent case before the New Jersey Appellate Division, a lawyer who worked in criminal defense and chose to represent himself in a divorce claimed that the couple’s settlement agreement should be… Read More »
Child Support After Age Twenty-Three In New Jersey
New Jersey, like other states, generally limits child support obligations to children under a certain age. Child support is required at a minimum until the child reaches age 18, and typically continues automatically until age 19, unless the child is emancipated. New Jersey is also one of only a few states that requires parents… Read More »
What Should I Know About New Jersey Prenups?
More and more young couples are signing prenuptial agreements every year in New Jersey. Even couples that are confident about their relationship are realizing that prenuptial, or premarital, agreements are a positive step to take in planning for unexpected events to ensure financial security and minimize conflicts should the relationship deteriorate. Continue reading for… Read More »
What Happens When There Are Multiple Child Support Orders From Different States?
After the upheaval surrounding a divorce, one parent may decide to move to another state within the country. As legal battles surrounding the divorce continue even after the move, multiple state courts may become involved, creating conflicts and complications. A New Jersey appellate court recently addressed an interesting question: If courts in multiple states… Read More »
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