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Recent Blog Posts

concert

Exposing Adolescent Daughter to Pink Concert Not an Exercise of Poor Judgment, Says Judge

By John B. D'Alessandro |

In a case examining the soundness of parental judgment in exposing a child to the music and performance of Pink, one Family Part judge has found that there is some merit to be found in the singer’s message. In a case heard before New Jersey Family Part Judge Lawrence Jones in Ocean County Superior… Read More »

Family Law

Emancipation, Adoption, Child Support… This Case Has Everything

By John B. D'Alessandro |

When does a child become emancipated, meaning that he or she is all grown up and no longer dependent on his or her parents for support? This question can be especially relevant where a divorced parent is paying child support. The issue was discussed in just such a case recently decided by the Superior… Read More »

Hand writing the text: Relocation

When a Custodial Parent Relocates Out of State, the Court’s Jurisdiction May Relocate Too

By John B. D'Alessandro |

You may know that before a custodial parent can relocate out of state and take the kids with him or her, the parent must get approval from the court. The custodial parent must file a motion with the court and notify the noncustodial parent, who may object to the motion. After reviewing the arguments… Read More »

mother parenting time

NJ Court Gives Child Her Name Back, Increases Mother’s Parenting Time

By John B. D'Alessandro |

Sadly, not every divorce is amicable, and even years after a divorce, the parties may still be fighting over custody, support and other matters. When the disputes involve children, the family court judges do their best to keep the children’s best interests as the foremost consideration in every decision they make. In the recent… Read More »

child support 1

“Owing Support” is Not the Same as Being “Delinquent” for the Purposes of New Jersey Deadbeat Parent Law

By John B. D'Alessandro |

A New Jersey court recently had occasion to decide an issue regarding a state law allowing the state to report people in arrears on their child support payments to credit reporting agencies. The court in Cameron v. Cameron decided that the law applies in cases where a parent has failed to comply with an… Read More »

alimony-hearing-new-jersey

New Jersey Court Orders Hearing on Ex-Husband’s Motion to Modify Support

By John B. D'Alessandro |

On March Sixth, the New Jersey appeals court decided in a post-divorce case that the ex-husband was entitled to a hearing on his motion to modify alimony and child support, despite repeatedly being denied by the trial judge. By the time the appellate court ordered the hearing, the lower court had already denied his… Read More »

neglect-new-jersey

Court Reverses Finding of Neglect that Widowed Mother Willfully Abandoned Twin Daughters

By John B. D'Alessandro |

Earlier this month, the Superior Court of New Jersey Appellate Division reversed a lower court’s ruling that a mother was guilty of neglect. Although the situation which transpired was far from ideal, and clearly the mother needed help at the time, the facts simply did not support a finding that she willfully abandoned her… Read More »

Public or Private School Green Road Sign Over Dramatic Clouds and Sky.

Parent Who Objected to Parochial School Not Required to Contribute Toward Tuition

By John B. D'Alessandro |

In the case of LBG v. JPG, mom wanted son to attend private Catholic high school, but dad was not keen on the idea. Dad filed a motion in court to make mom bear the full cost of tuition. Mom opposed the motion and filed her own cross-motion to prohibit dad from making disparaging… Read More »

Sad wife after divorce

Divorcing Spouse’s Death Does Not Prevent Equitable Distribution of Marital Property

By John B. D'Alessandro |

Milagros Beltra was terminally ill when she filed for a divorce from her husband of 34 years. Six months later, before the divorce was finalized, Milagros passed away. Her eldest son petitioned the court to be substituted into the litigation on behalf of Milagro’s estate; this motion was granted. A five-day hearing was later… Read More »

child abuse in an alcoholic family

In an Abuse Case Against the Stepfather, New Jersey Judge Says Mom Neglected Daughter by Not Believing Her Story

By John B. D'Alessandro |

In a surprising decision back in 2012, a family law judge in a sexual abuse case against a stepfather decided on her own initiative to declare that the mother was negligent because she did not believe the daughter’s story of abuse, even though the Division of Youth and Family Services (DYFS) had not filed… Read More »

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