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Manalapan, NJ Family Law & Divorce Law Blog

Tuesday, September 19, 2017

Affair and Divorce – Vacate Divorce Agreement


In a  Decision – Tirendi v. Tirendi (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that  the Divorce Agreement was enforceable when the Husband, after having his affair discovered, agreed to terms of a Divorce that he later regretted.

Without retaining counsel, Husband signed the Divorce Agreement and consented to entry of a judgment of divorce. Almost fifteen months later, Husband moved to vacate the judgment of divorce and set aside the Divorce Agreement arguing it was a mid-marriage agreement he was fraudulent induced to sign, and was unconscionable, inequitable and unjust. The court denied vacation finding Wife wanted a divorce when the Divorce Agreement was forwarded to Husband, and, although favoring respondent, was enforceable.
Read more . . .


Friday, September 15, 2017

Garnishment – Counsel Fees


In a  Decision – Newell v. Shain  (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that  the Family Part properly ordered the spouse to pay counsel fees via weekly wage garnishment  following a calculation of appellant’s earned income and his financial commitments toward his three children.

On appeal, appellant argued the current wage execution was not a suitable course of action because it would cause financial hardship for the children. N.J.
Read more . . .


Tuesday, September 12, 2017

Domestic Violence – Assault: Must there be a physical mark?


In a  Decision – C.S. v. M.A.
Read more . . .


Monday, September 11, 2017

Parenting Time – What is an Overnight for Child Support Purposes?

In a  Decision – Raucci v. Valotta (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that  notwithstanding the 50/50 Parenting (Visitation) Time and that the father picked the child up before noon and the child was returned after noon on the following day, the father was not entitled to two (2) overnights for child support purposes.

 The trial judge acted within his discretion when he rejected plaintiff’s argument that, because of his pick-up and drop off times, he had the child for more than 24 hours and had to be credited with two overnights when he picked the child up before noon and the child was returned after noon on the following day. 


Read more . . .


Sunday, September 10, 2017

Emancipation – Divorce Agreement Does Not Control / Graduate School


In a  Decision – Conte v. Ainsworth (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division concluded that the right to child support belonged to the child, not the parent, and cannot be waived by an agreement between the parents. The trial court was obligated to examine whether the child was in fact emancipated and, if the child was found unemancipated, calculate the amount of support she needed and each parent’s obligation toward that end. Further, there must be an examination of whether either parent was obligated to contribute toward the cost of the child’s higher education, after taking into consideration the factors set forth in Newburgh v. Arrigo, 88 N.
Read more . . .


Saturday, September 9, 2017

Child Support – Equivalent Income / Equivalent Parenting Time?


In a  Decision – Raucci v. Valotta (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that  it was acceptable that there would be no  child support given the parents’ equal parenting time and close annual incomes.

 The trial judge acted within his discretion when he determined that there would be no child support where the father earned approximately $65,000.00 (56%) and mother  earned approximately $50,000.00  (46%).
Read more . . .


Friday, September 8, 2017

Retirement – Health Reasons / Reduction of Alimony


In a  Decision – Frangipane v. Frangipane (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division affirmed denial of appellant’s reconsideration which reduced her received alimony payments holding respondent-husband set forth a change in circumstances resulting from his retirement for health reasons and such change would be permanent.

Defendant called him approximately 30 times in the following two weeks. She sent him 45 emails over a five day period that accused him of hacking and monitoring her electronic devices, complaining because he did not respond to her messages and admitting that she trespassed on his property. Plaintiff asserted that he was afraid.
Read more . . .


Thursday, September 7, 2017

Parenting Time – Make-Up / Missed Parenting


In a  Decision – Weinrib v. Brothers (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that  the denial of makeup parenting time as respondent did not wrongfully withhold the child and appellant was afforded two additional days.

The Court  accepted that the Trial Judge found the parties had entered into the consent judgment, and defendant missed parenting time as the result of a court order, not plaintiff's wrongful withholding of parenting time. The court did not find that plaintiff's emergent application seeking temporary custody of B.B.
Read more . . .


Saturday, September 2, 2017

Child Support – Imputed Income / Tables & Past Employment History

In a  Decision – Taylor v. Jones  (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that the job category used for imputing income to Father was based on his past employment history

The Court  accepted that the Father was underemployed. The Court further determined that the job category used for imputing income to the Father was based on his past employment history and if the trial court had used the job category the Father argued for, there would have been no material difference in the imputed median income

Read more . . .


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© Allan Weinberg, Esq. | Disclaimer
200 Highway 9, Suite 400, Manalapan, NJ 07726 | Phone: 732-806-5529
Family Law | Divorce Mediation | Divorce | Paternity | Domestic Violence | Adoption | Child Support | Stepparent Adoptions | Alimony | Child Custody | Municipal Court | Boutique Legal Services | About Us | Social Conscience

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