New Jersey Family Law

GARFIELD ELMWOOD PARK ALPINE CLOSTER BERGEN COUNTY NJ DIVORCE MEDIATOR LAWYER

The ex-husband was entitled to a hearing on his contention that the parties' agreement was procured through coercion and duress on the part of the ex-wife, who was herself an attorney and represented by counsel, whereas he was unrepresented and made various claims regarding his mental incompetency.        C.L.H. v. C.B., New Jersey App. Div., February 17, 2012

HOBOKEN JERSEY CITY KEARNY SECAUCUS HUDSON COUNTY NJ DIVORCE MEDIATION MODIFICATION

The New Jersey divorce judge was correct in finding that the ex-husband experienced a substantial downward change in his financial circumstances. Moreover, this change was permanent, as opposed to temporary. Thus, the reduction in support payments is affirmed.     Weiss v. Weiss, New Jersey App. Div., February 16, 2012

MONTCLAIR VERONA BLOOMFIELD MILLBURN ESSEX COUNTY NJ DIVORCE MEDIATOR LIFE INSURANCE

The defendant was unwilling or unable to produce a copy of the life insurance policy he was required to maintain under the parties' New Jersey divorce agreement. This failure led to an appropriate award of counsel fees against him.      Yasika f/k/a Saunderson v. Saunderson, New Jersey App. Div., February 16, 2012

MAYWOOD LITTLE FERRY SADDLE RIVER FRANKLIN LAKES BERGEN COUNTY NJ DIVORCE MEDIATION

The doctrine of contra proferentum might apply in this case, after a full review of the circumstances under which the New Jersey divorce agreement was negotiated, with particular emphasis on whether unequal bargaining power existed.    Maoz v. Maoz, New Jersey App. Div., February 15, 2012

LEONIA TEANECK ENGLEWOOD CLIFFS TENAFLY BERGEN COUNTY NEW JERSEY DIVORCE MEDIATOR ARBITRATOR ATTORNEY

The ex-husband's motion to lower his support payments was denied. He was paid in cash and also failed to provide his personal income tax returns for any year subsequent to the New Jersey divorce.    Franchetti v. Franchetti, Sr., New Jersey App. Div., February 14, 2012

NEW VERNON WASHINGTON TOWNSHIP HARDING LONG VALLEY MORRIS COUNTY NEW JERSEY DIVORCE CHILD SUPPORT MEDIATOR

The New Jersey Child Support Guidelines are generally not to be used for children attending college. A possible exception : a student over 18 commuting to college.     Clement v. Clement, New Jersey App. Div., February 10, 2012

RIVER EDGE HAWORTH WESTWOOD DUMONT BERGEN COUNTY NEW JERSEY DIVORCE COLLEGE MEDIATOR

Among the legal criteria underlying divorced New Jersey parents' obligations to contribute to college expenses for a child of the marriage, the most important is financial ability to pay.     Sciacca v. Hagarty, New Jersey App. Div., February 9, 2012

NORTH BERGEN SECAUCUS HARRISON WEEHAWKEN HUDSON COUNTY NEW JERSEY FAMILY MEDIATOR

After their New Jersey divorce, the parties went to court over who was to drive their daughter to her piano, karate and drawing lessons.     Zhang v. Sathyanath, New Jersey App. Div., February 8, 2012

WEST ORANGE LIVINGSTON SHORT HILLS CALDWELL ESSEX COUNTY NEW JERSEY DIVORCE MEDIATOR ATTORNEY

When New Jersey child support arrears are in controversy, either parent can take avantage of a Probation Department audit.      Smith, n/k/a Naylor v. Gilboy, New Jersey App. Div., February 8, 2012

DUMONT CRESSKILL NORTHVALE RIDGEFIELD PARK BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

By denying ownership in the marital home in his bankruptcy case and taking the opposite position in his divorce action, the husband was attempting to manipulate the legal system to his advantage. Judicial estoppel was warranted.     Romano, IV v. Romano, New Jersey App. Div., February 7, 2012