New Jersey Family Law

MENDHAM NEW JERSEY DIVORCE LAWYER COLLEGE EXPENSES

The New Jersey divorce took place in 1997. In 2006, he moved to emancipate their child. She claimed the motion was without merit because the child was enrolled in college. The New Jersey divorce judge entered an order, which (1) denied emancipation (2) reduced child support obligation from $125 to $108 per week, (3) compelled him to pay an additional $25 per week for arrears, and (4) directed an equal sharing of college expenses. In response to his appeal, the Appellate Division affirmed, noting the original intent at the time of the divorce to equally share in college expenses, along with their current equal financial ability to pay.   Bombay v. Bombay, New Jersey App. Div., June 11, 2008     http://www.judiciary.state.nj.us/opinions/a2798-06.pdf

WEST PATERSON PASSAIC COUNTY NEW JERSEY DIVORCE LAWYER

They were married for 18 years and divorced in 2002. His alimony obligation was based on earnings of $118,000 and her earnings of $46,000. When he learned she earned over $90,000 in 2006, he filed a motion to terminate alimony, retroactive to 2004. The court denied his motion. There was no ambiguity in the New Jersey divorce agreement, and no indication alimony would terminate when she earned enough to maintain the marital lifestyle. The New Jersey divorce judge also found no unusual circumstances. On appeal, he argued the $18,000 in limited duration alimony was subject to modification upon a change in either party's financial circumstances and  the trial judge erred by not holding a plenary hearing. The appellate panel disagrees and affirms.    Pechinka v. Pechinka, New Jersey App. Div., June 10, 2008

 

SUMMIT UNION COUNTY NEW JERSEY DIVORCE COLLEGE EXPENSES LAWYER

The New Jersey divorce agreement called for the father to pay for all the children’s college costs. In fact, he paid for all of his daughter’s non-tuition expenses while she was in college and encouraged her and the mother to obtain loans sufficient to pay not only the tuition but also for an extravagant lifestyle while the daughter was at college. The New Jersey divorce judge held the father responsible for the full amount of those loans, not just the amount required for tuition and is now affirmed.   Musolino v. Musolino, New Jersey App. Div., June 9, 2008

SHORT HILLS ESSEX COUNTY NEW JERSEY GRANDPARENT VISITATION ATTORNEY

Because there is no contention the parents who objected to visitation are unfit, and the grandmother failed to show a specific likelihood of serious and specific psychological harm to the healthy and successful child absent visitation, summary judgment rejecting her claim for grandparent visitation is affirmed.   Mitchell v. Sherer, New Jersey App. Div., June 6, 2008

LIVINGSTON ESSEX COUNTY NEW JERSEY DIVORCE LAWYER

New federal rules for 2009 will require states offer every rape victim a "Jane Doe" rape kit - an opportunity to submit hair, semen and other biological evidence anonymously for storing even if charges are not filed immediately. States that don't comply lose federal funding for women's shelters and police training under the Violence Against Women Act. The FBI has been recommending the practice since 1999 because of the high number of victims, at first reluctant to go to police, who later decide to press charges. If a rape kit has not been taken shortly after the crime, police and prosecutors must do without crucial evidence. The "Jane Doe" kits store the evidence by serial number until either the victim comes forward to press charges or a state-determined deadline passes and the material is destroyed.    New Jersey Lawyer, June 5, 2008

CHATHAM MORRIS COUNTY NEW JERSEY DIVORCE LAWYER EQUITABLE DISTRIBUTION

What was their agreement on the value of the former marital home? Plaintiff appealed from the New Jersey divorce judgment that fixed the value at $480,000. Defendant argued the trial judge found the parties stipulated to a sale price of $480,000 if defendant bought out plaintiff's interest. However, the appellate panel could not reach that conclusion because there is no record of the judge's conclusions. Reversed and remanded for further findings.  

Gigantes v. Gigantes, New Jersey App. Div., June 4, 2008  

http://www.judiciary.state.nj.us/opinions/a6011-06.pdf

EDGEWATER BERGEN COUNTY NEW JERSEY DIVORCE LAWYER

This was a 10 year marriage with no children. The New Jersey divorce judge awarded limited duration alimony of $300 per week for 4 years. The ex-husband wanted to pay no alimony because the ex-wife was cohabiting with a man. The judge's decision in this regard was affirmed on appeal.    Fuzer v. Fuzer, New Jersey App. Div., June 3, 2008 http://www.judiciary.state.nj.us/opinions/a0301-06.pdf

MAPLEWOOD ESSEX COUNTY NEW JERSEY DIVORCE JURISDICTION LAWYER

Defendant’s former residence in New Jersey and his continued parenting contacts with his children who continue to reside here – attending his son’s college graduation here and his phone and mail contacts - are sufficient to subject him to in personam jurisdiction here. Therefore, the trial court order requiring him to pay child support in an amount to be calculated using the New Jersey Child Support Guidelines is affirmed.    Getman v. Getman, New Jersey App. Div., June 2, 2008

 

WESTFIELD UNION COUNTY NEW JERSEY DIVORCE LAWYER

Dressed in bright red for a second day, Mrs. Matos McGreevey was steely, defiant - and sometimes evasive - on the stand. In pit-bull mode, Jim McGreevey's lawyer openly mocked her, his voice thick with sarcasm as he questioned every aspect of her testimony. He goaded her to concede she pursued McGreevey so aggressively campaign aides thought she was a "stalker" and dubbed her the "mad dialer." " "Do you believe you are viewed as first lady?" he asked. "When you're in that role, people expect you to behave in such a manner, yes," she said. He asked her about a line in her book in which she said she was proud to be called "the mother of all of New Jersey." It looked like he drew some blood when she admitted the line came from a beauty-salon makeup artist."   New York Daily News, May 30, 2008

 

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER REHABILITATIVE ALIMONY

The New Jersey divorce judge had ordered the husband to pay his ex-wife 18 months of rehabilitative alimony. In addition to her absence from the workplace for 3 years while she cared for the parties’ children, she made an extremely reasonable decision to enhance her income-producing capability. At the time of trial, she was attending college where she was working towards a master's degree and certification as a Learning Disabilities Teacher Consultant. On appeal, the award of rehabilitative alimony was affirmed, as was the award of counsel fees : the defendant’s conduct was, in several respects, the result of bad faith and escalated plaintiff's legal fees.     Ruocchio v. Ruocchio, New Jersey App. Div., May 29, 2008