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Manalapan, NJ Family Law & Divorce Law Blog

Friday, June 23, 2017

Domestic Violence – Mannequins and Weapon Bunker


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


Thursday, June 22, 2017

Child’s Health Insurance – When Does It End?


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

 

The Appellate  Division determined that health insurance was a component of child support as calculated under the Guidelines and her obligation to contribute terminated on the son’s emancipation .

As the Court stated: "the court's authority to impose support obligations is circumscribed; it terminates with a child's emancipation." Ricci v.
Read more . . .


Tuesday, June 13, 2017

Husband’s Income Proof – Paystubs or Tax Returns?

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

 

The Appellate  Division determined that there was sufficient basis to conclude that the paystubs rather than the tax returns more accurately reflected income.

A question was presented as to whether the Court should rely on Husband’s pay stubs rather than Husband’s tax returns in calculating his income and child support. The Court determined that given the history and discrepancy in Husband’s financial submissions, the trial court was within its discretion in relying on Husband’s most recent pay stubs.


Read more . . .


Monday, June 12, 2017

Children’s Health Insurance – Step - Parent Paying?

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

 

The Appellate  Division determined that there was insufficient information whether the business of the Step-Father or the Step-Father/Mother paid the Health Insurance applicable to the children of the marriage. It was not certain that the cost to Mother to maintain the plan for the children was reduced or even eliminated.


Read more . . .


Friday, June 9, 2017

Domestic Violence – Civil Restraints

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

 

The Appellate  Division determined that an act in violation of a civil restraint may also be viewed as harassing conduct.

In Domestic violence matters there are times that based upon the proofs, the circumstances and/or disposition of the parties, Civil Restraints  in a matter other than the Domestic Violence matter may be entered and the Domestic Violence matter will be Dismissed.


Read more . . .


Thursday, June 8, 2017

College Costs or Emancipation – Complicated


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

 

The Appellate  Division determined that there was a need for a plenary Hearing as to whether the child was emancipated or there was a need for the parent to pay for post High School education. The submissions were conflicting and there was a need for extensive fact-finding. The Trial court did not adequately reference to the Newburgh factors.

The application to the Trial Court was to emancipate the parties’ then twenty-one-year-old son, terminate child support, and contribution towards the son’s post high school education expenses (pursuant to the parties’ property settlement agreement).
Read more . . .


Wednesday, June 7, 2017

Domestic Violence – Physical Force or Violence


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


Tuesday, June 6, 2017

Job Loss – Temporary


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

 

The Appellate Division determined that the Father had not established the bases for the reduction in support. 

he court affirmed holding plaintiff-father’s unemployment may only be temporary and noted he was still receiving severance pay. As such, the family court properly found plaintiff-father “failed to demonstrate that his alleged change in circumstances was anything but temporary.” Further, denial was warranted as plaintiff-father failed to meet the requirements of Rule 5:5-4(a) which required a movant to submit both a current and a prior CIS.
Read more . . .


Monday, June 5, 2017

Nephew – Child?


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

 

The Appellate  Division was intrigued as to whether a parent who assumes an obligation to act as parent for a nephew could be entitled to reduction in child support for his child applying the “Other dependent Deduction” usually applicable to an after-born child.

Defendant assumed the status of in loco parentis once the nephew’s biological parents consented to the transfer of legal and physical custody to him. A person in loco parentis could be obligated by equitable estoppel from disclaiming a previously assumed support obligation. The case had to be remanded to determine if defendant had a “legal responsibility” to support nephew.
Read more . . .


Sunday, June 4, 2017

Child Custody – Father Or Aunt & Uncle


In a  Decision – S.R. v D.P. (an "Unreported Decision") >>   the Court Held:

 

The Appellate Division determined that the Trial Court’s decision to deny the Father Joint Legal Custody of his daughter and the continuation of sole legal and physical custody was warranted, notwithstanding that the Father never explicitly consented to the creation of a parent-child relationship between child and aunt and uncle.
Read more . . .


Friday, June 2, 2017

Child Relocation – Mother Can Move With The Child to Texas


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

 

The Appellate Division determined that the Mother had established the bases for the relocation. 

Mother sought permission to relocate and expert’s report showed that mother had a good faith reason for the move as her new husband’s business and family were there, the move was not inimical to the children’s best interests and mother offered extensive contact between children and father. Father’s expert contended that it was in the children’s best interests to remain in New Jersey. The trial court found that mother established a good faith reason for the move and allowed the move.
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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