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Manalapan, NJ Family Law & Divorce Law Blog

Sunday, June 19, 2016

Overpayment of Child Support -- No Repayment

Overpayment of Child Support -- No Repayment
In a Decision - Schmidt v Breda - (an "Unreported Decision") >>

the Court Held:
that since child support had been paid to plaintiff for the child's benefit, it should be assumed that plaintiff had used those funds for that purpose and it would be inequitable to grant reimbursement to defendant because it would effectively deny the child of any further support payments. Moreover, N.J.S.A. 2A:17-56.23a precluded retroactive modifications of child support orders, except for the period of time in which the application for such a modification was pending before the court.

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Late Efforts To Retain Attorney Do Not Warrant Adjournment of Divorce Trial

Sister of Victim May Not Be Entitled to Domestic Violence Protection

Domestic Violence Equals Contacting Others To Tell About A Partner’s Sexual Orientation

Credibility Should Not Be Based Upon Events In Court Outside The Hearing

A Child Living With Another Can Be Compelled To Be Returned To A Biological Parent From A Psychological Parent

An Attorney May Not Represent Someone Who Is Adverse To A Former Potential Client When Harmful Information Was Provided

A Court Can Enforce Alimony Obligations Pending Appeal

Party Claiming They Did Not Know What Was Occurring At Divorce Rejected

Older Child May Not Be Subject To Earlier Determined Parenting Time

Tax Effect of Investments Distributed Pursuant to Divorce Agreement Need to Be Interpreted Where The Language Is Vague

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Late Efforts To Retain Attorney Do Not Warrant Adjournment of Divorce Trial
Sister of Victim May Not Be Entitled to Domestic Violence Protection
Domestic Violence Equals Contacting Others To Tell About A Partner’s Sexual Orientation
Credibility Should Not Be Based Upon Events In Court Outside The Hearing
A Child Living With Another Can Be Compelled To Be Returned To A Biological Parent From A Psychological Parent
An Attorney May Not Represent Someone Who Is Adverse To A Former Potential Client When Harmful Information Was Provided
A Court Can Enforce Alimony Obligations Pending Appeal
Party Claiming They Did Not Know What Was Occurring At Divorce Rejected
Older Child May Not Be Subject To Earlier Determined Parenting Time
Tax Effect of Investments Distributed Pursuant to Divorce Agreement Need to Be Interpreted Where The Language Is Vague
Court Not Required To Adhere To Child’s Preference As To Parenting Time
Contact After Request not to Contact Can Be Domestic Violence
Grandparent Visitation Claim Is To Be Analyzed On Grandparent’s Claim
Domestic Violence Demonstrated Where Among Other Acts, A Party Violated “Civil Restraints”
Retired and Non-Reappointed Judge Can Rule On A Matter
Child Can Relocate To Florida When Father Was Alleged To Have Improperly Touched Child And Child Wished to Relocate
Chinese Support Order Is Enforceable In New Jersey
Relocation Denial Requires Careful Analysis
Court Can Require Life Insurance To Cover Spouse’s Share Of A Pension Not In Pay Status
Court Can Look Outside Divorce Agreement To Resolve Uncertainties

A Domestic Violence Complaint May Be Amended At Trial
If Health Insurance Costs Are Included In The Divorce Agreement Then The Court Should Not Order Reimbursement of Health Insurance Premiums
If Parties No Longer Occupy The Same Residence And They Have No Future Commonality, There May Not be A Need for a Domestic Violence Order

A Party Who Does Not Prove Disability At Arbitration Cannot Later Claim Disability When Social Security Determines Disability
Even With A Potential Loss Of Some Income, Husband Had Enough Income And Assets To Pay Child Support
Violating a Civil Restraints Order Can Be Itself Domestic Violence
A Consent Order With An “Anti-Lepis” Provision May Not Enforceable By The Court If A Significant Medical Condition Arises
A Counsel Fee Award In A Divorce Must Be Explained By The Court
Litigation Immunity Applies To Professionals In A Divorce
Father Could Not Demand To Care for Autistic Son When the Divorce Agreement And Professionals Provided Otherwise
Divorce Agreement Would Not Be Modified Without A Basis
Court Could Reform (Re-Do) A Signed Divorce Agreement
Husband Could Enforce Parenting Time
A Violation of A Domestic Violence Order Must Be Knowing To Be Criminal Contempt
Social Media Harassment Constituted Domestic Violence
Continuing Communications With A False Phone Number Constituted Domestic Violence
An Abused Spouse Need Not Have Had To Disclose Prior Abuse Before Presenting A Claim For Domestic Violence
A Parent Refusing To Return The Child to New Jersey Can Be Required to Pay Attorneys’ Fees

A Remand For A Trial Court to Determine Matters Requires the Trial Court to Follow The Appellate Division’s Instructions
Motion Practice Can Result In Counsel Fees
Acts Commencing In Florida That Then Happen In New Jersey Constitute Domestic Violence In New Jersey
Conceding A Change of Circumstances Renders The Issue Only As To The Amount Of Reduced Support

To Seek A Reduction In Child Support A Party Must Provide Current Financial Information
Party Abandoning A Job Search And Accepting A First Job Offered After Losing A Job Must Continue To Search For A Comparable Job
Party Must Have Ability to Pay Guardian Ad Litem’s Fee Before A Determination To Pay And Judgment
New Jersey Had Jurisdiction To Divorce Parties Who Had Lived In Senegal
Domestic Violence Occurs Even If Romantic Signals By A Friend Of A Sleeping Person Are Misread
Court Must Provide Reasons For A Decision

The Court Improperly Barred The Father and Mother From International Travel With The Children When The Divorce Agreement Only Barred The Mother From International Travel With The Children
The Court Determined Not to Change The Address Of The Children To Enroll Them In A Different School In The Same School District
A “Palimony” Type Agreement Is Unenforceable Without Independent Advice of Counsel
Parental Rights Can Be Restricted With An Alienated Child
Where Parties Agreed On Parenting Time and Custody, It Was Error for The Court Without Notice To Rule on Custody And Parenting Time
Default Hearing/Judgment Is Not Appropriate When A Party Fails To Appear For Trial. (Rather, Notice Of Proposed Final Default Is To Occur)
One Incident Can Be Domestic Violence
A Savings Account Not Divided And Not Disclosed In A Divorce Agreement But Disclosed In The Course Of Divorce May Still Be Distributed

Attorney’s Fees Can Be Awarded If A Parent Does Not Pay Or Withholds Consent To A Child’s Activities
A Grandchild May Visit With Their Grandparents Unless There Is A Reason Not To
Sending Nude Photos Of A Plaintiff To A Third Part Does Constitute Domestic Violence.
Mediation Memorandum Of Understanding Not Stating That Gains On A 401k Are To Be Distributed (Even If Otherwise The Law Of New Jersey) Denies such Distribution
On Appeal Of a Domestic Violence Case Where The Proofs Are Basically Testimonial, The Appellate Division Often Defers to The Trial Court
Husband’s Improper Litigation Actions Justified Dismissing His Pleadings and Entering A Default Judgment Against Husband
New Jersey Will Enforce An Australian Child Support Order
Trial Court Properly Implemented Divorce Agreement To Divide Military Pensions Rather Than Imprisonment
Child Support ‘Other Dependent Deduction’ Is mandated Absent Express Reasons To The Contrary on The Record

Mere Aging Of A Child Is Not A ‘Change Of Circumstance’
Domestic Violence Literally In A Courtroom
An Award Of Counsel And Expert Fees Was Applicable To Disputed Matters Where Mother Prevailed and Not Solved Matters
No Dissolving An Entered Domestic Violence Order Where Defendant Did Not Appear At Court
Updated Case Information Statement Not Required Unless Change Of Circumstances Exist
Acquiescence By A Parent To Another Parent’s Relocation With The Child to Another state Equals Consent To The Relocation
Mailing A Divorce Pleading to Wife’s Work Can Be Domestic Violence
Adoption Subsidies Are To Be Included In Child Support Calculations

Trial Court’s Decision As To Moneys Owed Was Maintained
Failure To Maintain Life Insurance May Require A Bond Or A Trust
Repeated Efforts To Change An Alimony Obligation Rejected
An Ambiguity In A Divorce Conclusion Was To Be Resolved Via A Hearing
Sisters-In-Law Who Were Disagreeable In Text Messages Did Not Warrant a Domestic Violence Order
A Divorce Court Has Continuing Jurisdiction To Enforce It’s Orders
20 Year Old Domestic Violence Order Maintained
A Court Must Address Issues And Provide Reasons To Decide A Custody/Parenting Time Order Change Request
Striking A Person With An Opening Door May Be Domestic Violence If Intending To Strike A Person

Self Employed Husband Can Be Ordered To Pay Alimony After His Natural Retirement Age
Pay-Down Of A Mortgage On An Exempt Asset May Render That Asset Subject To Equitable Distribution
Striking A Person With An Opening Door May Be Domestic Violence If Intending To Strike A Person
Stay At Home Mother Who Home-Schooled A Child Can Have Income Imputed To Her If She Does Not Work
Restricted Stock Units Vesting After The Marriage Can Be Equitable Distribution
Husband Who Did Not Deal Fairly Suffered Financial Consequences
A Family Court Can Award Counsel Fees Even If The Application Is Flawed
Use Of Marital Funds To Pay Marital Obligations Is Not Dissipation of Marital Assets When Not Violating An Order And not Used for An Individual Benefit
Parent Not Permitted To Take Child To Egypt As Father Had Not Been With The Child in 8 Months
A Father Who In The Divorce Agreement Agreed To The Child’s School Cannot Simply Say He Wants The School Changed Because Father Believes It Is In The Child’s Best Interests
A Child’s Residence In Their Own Off-Campus Apartment May Relieve Husband From Paying Child Support
A Parent’s Relocation With A Child’ Can Be Dependent Upon Educational Opportunities
A Husband Must Prove A Need To Medically Retire To Change Alimony
A Defendant May Not Be Awarded Counsel Fees Even If Not Found To Have Committed Domestic Violence
A Court Must Supply A Reason For The Decision

A Reasoned Decision Denying Wife’s After-Divorce Demand For A Change In Alimony Is Upheld
Defaulting In Your Divorce Can Financially Harm You (Alimony, Child Support and Equitable Distribution) Even If The Wrong Decision Occurred
A Spouse That Recklessly Spends money And Does Not Adhere To Court Obligations During A Divorce Can Have a Constructive Trust Imposed
A Parent Has A Right To Custody Even If They Owe Child Support
A Pre-Marital Asset Can Be Distributed To The Other Spouse If That Spouse Undertook Efforts As To The Pre-Marital Asset
A Parent Has A Right To Custody Hearing As To Their Child As Opposed To A Relative
Legitimate Income Diminishment Prevents Income Imputation At A Higher Previous Marital Income Capacity
Mortgage Payments After A Divorce May Allow A Party To a Full Credit Rather Than Just A Mortgage Principal Reduction Credit Depending On The Divorce Agreement
An Expert’s Letter As To Child Related Matters Is Not A Substitute for Expert Testimony
Disparaging a Romantic Partner’s Business On Social Media May Not Constitute Domestic Violence
College Contributions After A Divorce May Allow For A Different Allocation Depending On The Divorce Agreement
A Fragile Child Can Be In The Company Of One Parent
A Court Can Elicit Or Assist A Victim’s Testimony In A Domestic Violence Matter
It Was Domestic Violence For A Parent To Follow The Car Of The Other Parent
Child’s Best Interests May Alter Parenting Time
Murdering Your Husband Does Not Allow You To See Your Children When The First Psychiatric Evaluation Deemed Such Visitation to Be Harmful And There Has Been No Change in Circumstances

Refusing a Court-Ordered Psychiatric Evaluation Can Result In Dismissal Of Pleadings And Limit Testimony And Limit Cross-Examination
Irrelevant And/Or Disjointed Testimony Does Not Defeat Domestic Violence
An Unexpected Or Inadvertent Payment On Account Of Child Support Arrears is Entitled To Be Retained By The Recipient
A Premarital (Prenuptial) Agreement Is Valid With Full Financial Disclosure
A Party Who Does Not Comply With A Requirement To File A Case Information Statement And Is Defaulted Cannot Undo Default By Later Filing CIS
The State To Determine Child Custody Is Not Based Upon An Agreement Of The Parents But Upon Jurisdiction (UCCJEA)
A Wife Victim Is Entitled To Properly Computed Damages From Husband If Domestic Violence
Repaying A Loan To A Parent Is Not Dissipation Of A Marital Asset In A Divorce
Violating a Domestic Violence Order Can Be As Simple As A Telephone Call
Lack of Physical Abuse Does Not Bar The Finding Of Domestic Violence
A Half-Sibling Relationship Exists If Half-Siblings Sometimes Reside In The Same Home In A Domestic Violence Proceeding
A Social Security Determination Of Disability Creates a Presumption of Disability In A Divorce Action
A Court Can Divide A House In A Domestic Violence Proceeding
A Dating Relationship Exists If Only Text Messaging In A Domestic Violence Proceeding
Extra Child Support was Awarded When the Father Earned Significant Income
Even Exempt (Pre-Marital) Property Can Be Marital Property
A Court Can Appoint An Attorney-In-Fact To Sell a House Because a Parent Refused to Act
Corporate Assets of Husband Can Be Marital Property
Hiding Income From Your Wife Allows a Court To Determine Husband’s income For Child Support Purposes
Taking Exempt (Pre-Marital) Property And Placing It In The Name Of Your Wife Makes It Marital Property
A Divorced Husband Is Entitled To Retire And Reduce His Alimony To His Ex-Wife
A Court Is To Provide Adequate Findings of Fact And Conclusions of Law In A Domestic Violence Proceeding

Physical Acts are Not Required For Domestic Violence
Retirement Assets That Were Acquired With a New Wife Are Not Considered Income For A Determination of Alimony Based Upon Retirement.
A Court Should Include In A Judgment Of Divorce That Which The Parties Agreed
Retirement Assets That Were Distributed at the Divorce Are Not Considered Income For A Determination of Alimony Based Upon Retirement.
A Reduction Of Child Support Must Have A Basis
Retirement May Not Fully Reduce Your Alimony Obligations
Sole Custody Or Joint Custody
Grandparent Visitation
Pre-Marital Agreement Wife Signed Under Previous Statute May Not Be Enforced if A Court Later Determines That It Is Unconscionable
Continued Child Support and College Contribution Issues Required a Trial
Walking On The Street Of Your Ex’s Residence In Combination With Other Factors Can Be Domestic violence
Cohabitation Of An Ex-Spouse Warranting A Change in Alimony Is Subject To A Change Of Circumstances Standard
A Mother and Children May Not Have To Return To Qatar In The Event of Domestic Violence
A Son Can Get A Domestic Violence Order Against His Mother
A Parent Can Take A Child Out Of State To NYC For Broadway Shows And In The Country for Brief Vacations Within The Country
A Child In College Was To Receive Child Support And Not In A Joint Account With Father
Husband Cannot Retire Early And Seek Relief Under “New Statute” If Divorced Under “Old Statute” Must Consider Wife’s Circumstances / Ability to Save For Her Retirement
A Child Can Be Unemancipated If The Need And Circumstances Warrant
Access to Weapons Can Present a Basis to Fear A Perpetrator of Domestic Violence

A Live-In Family Care-Giver Can Be A Perpetrator of Domestic Violence
Mother Who Moved To Another State With Child Lost Custody To Father
Access to Weapons Can Present a Basis to Fear A Perpetrator of Domestic Violence
Being Provoked Did Not Justify Domestic Violence
You Can Owe Child Support Arrears Even If You Are Not The Father
Husband’s Threat To Kill Wife Warranted a Domestic Violence Order
No Basis to Claim That Being Provoked Justified Domestic Violence
You Can Owe Child Support Arrears Even If You Are Not The Father
Social Security Disability Creates a Presumption of Disability
A Grandparent Cannot Have Grandparent Visitation Unless To Avoid Harm To The Child
A Baby’s Name Does Not Include the Father’s Name
Fraudulently Claiming Health Problems And Residing In a Samaritan’s home Constitutes Household Member for Domestic Violence
A Consent Order May Be Later Challenged As Improper
An Agreement to Mediate and Arbitrate With The Same Person In Both Roles Can Be Enforced
Conceiving Children And Residing With Those Children In New Jersey Was Sufficient To Support Specific Jurisdiction
Quitting A Job Instead Of Getting Fired Does not Allow You To Reduce Support Payments
A Divorce Agreement That Does Not Obligate A Party To Contribute To Their Child’s College Costs Combined With A Delay of Three (3) Years In Seeking Payment Denies A Claim For College Contribution
A Divorce Agreement That Does Obligate A Party To Contribute To Their Child’s College Costs Is Enforceable And If Unclear The Court Will Determine The Expenses
Marital Lifestyle Is To Correlate To Alimony
Custody Was Not Changed Because A Mother’s New Boyfriend Presented Concerning Behavior
Ambiguous Provisions In A Divorce Agreement Required a Hearing
Wife Who Feared Her Husband And Was Abused Was Entitled To A Domestic Violence Order

Custodial Parent May Control The Last Name of The Child
Video Divorce Trial Testimony By A Spouse May Be Allowed
Efforts to Resume Relationship Or Obtain An Explanation For An End To A Relationship Was Not Domestic Violence
Presumption Is In Favor Of Parent And Not Grandparent In Custody Dispute
Domestic Violence Can Exist Even If The Parties Encounters May Have Been Burdened By A Lack Of Parenting Agreement
Divorce Agreement Containing Anti-Lepis Provision – Provision Barring Change in Alimony – Was Enforced
Sneaking Into An Ex-Spouse’s House Installing Recording Devices and Taking an Item is Domestic Violence
Intoxication May Bar Consent to Sexual Event

Acts of Violence Necessarily Presume a Finding of Domestic Violence
Consolidation of a Domestic Violence Complaint ( FV ) and a Non-Dissolution Complaint ( FD ) Was Proper
Attorneys Fees Are Awardable Without Reliance Upon Court Rules if the Divorce Agreement so Provides
Violating a Consent Order Prohibiting Recording and Controlling Behavior Was Harassment and Constituted Domestic Violence
Harassment Without A Danger of Harm or Further Abuse Does Not Constitute Domestic Violence
Contacting Your Ex-Boyfriend’s Wife About His Alleged Infidelity Can Be Domestic Violence

A Court Can Exercise Discretion To Maintain A Matter In The Original County Even If Husband and Wife Moved Out of County
Annulment of Marriage Not Granted When Spouse Knew of the Other Spouse’s Alleged Fraud
Annulment of Marriage Not Granted When Spouse Knew of the Other Spouse’s Alleged Fraud
Failure of A Party to Remove Property From The former Marital Residence May Allow For the Property to be Discarded
Settling a Divorce Without Complete Discovery May Be Conclusive
Wife Was Competent To Be Involved in Divorce
Text Messages May Constitute Harassment As To Domestic Violence
A Parent Can Exercise Religious Beliefs and Explain that Parent’s Religious Beliefs to the Child Notwithstanding That The Parents Had Agreed to Raise The child In Another Religious Belief
A Functioning Relationship Of Parent and Child Is Not Required To Compel a Parent To Pay For a Child’s College
Allegation That a Parent May Have Inappropriately Touched Child (without follow-up) May Constitute An Element Of Harassment in a Domestic Violence Setting.
Grandmother Not Entitled To Custody When Mother Capable.
Child Support and Custody Should Have Been Determined By The Trial Judge When The Children moved in With Movant.
Divorce Agreement Providing for Distribution Authorizes Disclosure Of Account Information.

Mere Photo-Taking of a Person and Mere Rude E-Mails Does Not Constitute Domestic Violence Ina Harassment Setting.
On-Going Family Difficulties Provide A Basis For A Need By Uncle to Protect Against Niece In A Domestic Violence Setting.
Proper Service of A Motion By Certified Mail and Proof of Service
Improperly Removing Child Does Not Necessarily Mandate Change of Custody
A Divorce Agreement Permitting An Application For A Reduction Of Alimony Upon Involuntary Termination From Employment Requires Payor To Prove Involuntary Termination of Employment.
Delayed Receipt Of Retirement Funds Can Be Compensated.

To Achieve Discovery When You Allege Wife’s Cohabitation, You Must Demonstrate A Prima Facie Case.
If New Jersey Lacks Initial Jurisdiction as To A Child, New Jersey Cannot Modify a Child Custody Determination Rendered In New Jersey (UCCJEA).
Court Must Conduct A Judicial Proceeding To Render A Judgment.
If Assault Happens, It Is Domestic Violence Even If The Court Does Not Explicitly State That The Victim Needs Protection Or That Bodily Injury Occurred.
Seeking Increased Parenting Time Not Allowed Where The Present Circumstances of The Father Did Not Change.
Failure of Trial Court To Rule on a Motion Is a Fatal Flaw.
Not Being Left Alone Can Be Harassment As To Domestic Violence.
Trial Court Required to Make Factual Findings As To Alimony.
Domestic Violence of Assault is Satisfied Even Though The Trial Court Found Harassment.

Estate Is Obligated For Spouse/Decedent’s Failure To Maintain Life insurance As Provided In The Divorce Agreement
Spouse Is Obligated To Transfer a Retirement Account Only As Provided In The Divorce Agreement
Father Who Was Aware of Child’s College Process Is Obligated To Pay for The Child’s College Expenses
Harassment, If Not Established, Precludes A Finding Of Domestic Violence If Harassment Is The Claim.
If A Court Enters a Sealing Order And It Is Violated Then Sanctions Are Appropriate.
After A Divorce A Custody Evaluation Is Applicable Upon a Showing Of Changed Circumstances.
Oral Argument Required Where Issues Existed and Certifications Were Conflicting.
Sexual Assault Survivor Protection Act (SASPA) Protects a Church Congregant From a Pastor.
Separation Agreement Forced On Wife Was Deemed Not Valid.
Domestic Violence Requires Both a predicate Act and a Need To Be Protected.
Oral Argument And/Or a Plenary Hearing Can Be Required For Disputed Facts.
Penalties In Advance For Violating a Divorce Agreement Are Favored

Divorce Litigant Cannot Vacate a QDRO Without Extraordinary Circumstances (Rule 4:50)
Inherited Property In A Divorce Is Exempt
Life Insurance That Is Agreed to In A Divorce Is To Exist
Mother’s Act to Relocate With Daughter Was Malicious And Barred
Reunification Therapy (As To A Parent-Child) Can Be Ordered By A Court and Sanctions Can Be Imposed For Interference.
Right to an Attorney Exists at a Domestic Violence Trial

A QDRO To Which A Party Does Not Object And Is Of Merit Shall Be Entered
Unstated Past Acts of Domestic Violence May Bar Use At Trial

The Other Dependent Deduction Requires the New Spouse/Parent’s Financial Information
No Grandparent Visitation Where There Will be No Harm To The Grandchildren and Parents Object
The Birth of Another Child to the Payor of Child Support May Not Alone Mandate a Reduction of Child Support
A Child Support Order In A State May Bar Litigation In Another State of Child Support
The Right To Control A Child’s Religion Does Not Deny The Other Parent The Right To Have The child Go With The Other Parent To Another Religious Institution
Retirement (Annuity) Funds can Be Ordered to Be Used to Pay Obligations
Due Process In A Domestic Violence Trial Requires The Court To Address The Consequences Of A Domestic Violence Finding And The Right To Retain A Lawyer
An Estate Can Be Liable For Child Support Payments If A Parent Did Not Provide Applicable Life Insurance
No Grandparent Visitation Where There Will be No Harm To The Grandchildren and Parents Object

Failure To Testify At A Domestic Violence Trial Does Not Mandate An Adverse Inference
Failure To Testify At A Domestic Violence Trial Does Not Mandate An Adverse Inference
Attending A Funeral Is An Acceptable Basis to Reschedule a Domestic Violence Trial
The 30 Year Gap in Communications and Events Denies a Domestic Violence Finding
Husband’s Termination From A Business in Which he Has An Interest Terminated Alimony.
Father was Provided Due Process In the Way the Court Questioned Mother Where Father Committed Domestic Violence.
The Law of The State that Entered the Divorce Is the Law To Determine Child Support and College
The Court Needs Financial Information To Determine Child Support.
The 21 Year Old Child’s Age Denied The Court The Role To Address Parenting Time
Domestic Violence Claim Cannot Simply Be Changed By Court At Trial
The Court Needs Financial Information To Determine Child Support.
Unsigned Divorce Agreement Can Be Valid

If New Jersey Acquires Jurisdiction It Can Determine Emancipation Even If Another State Previously Determined Child Support
Failure to Provide Discovery Can Act as a Bar to Relief
Domestic Violence Did Not Occur In Cross Country Texting
27 Year-Old Child with Mental Health Problems May Not Be Emancipated
Divorce Agreement and Not the Statute that Established an Outer Limit of Age 23 Controlled the Time of Emancipation
Frivolous Litigation To Sue On A Settled Matter
Restricted Stock Vesting Post-Complaint May not Be Subject to Equitable Distribution
The Court Can Reasonably Sanction a Party to Enforce Litigant’s Rights
A Mediated Settlement Is Enforced Even If You Do Not Like It Or Think It Is Fair
To Change Custody in and to New Jersey from Another State, New Jersey Must Have Jurisdiction.
Child Support Is Based Upon Needs of the Child Where Husband’s Income is Great
A Motion For Reconsideration Is Timely If Filed on the 20th Day
Installing a GPS Tracker on Spouse’s Car Can Be Domestic Violence
To Sue in New Jersey for Interfering in a Parent’s Rights as to a Child, the Party Sued Must Have “Minimum Contacts” with New Jersey.
Change in Child’s Residence Can Require Change in Child Support Regardless of a Focus on the Income of the Parties
“Imputed Income” Must Have a Basis to Exist in a Case
Father’s Act to Daughter Impacted By Credibility of Siblings and Parent at a Domestic Violence Trial
Emancipation Did Not Exist Upon the Absence of Evidence of the Child’s Graduation from College
No Cohabitation When You Live With Another as a Care-Giver And You Had During the Divorce Lived With That Person.
Many Written Communications Over a Few Months Constituted Harassment For Domestic Violence When There Had Been Previous Bars to Communication
Due Process Required at a Domestic Violence Trial
Replacing Waived Military Pension (Because of Disability) as Equitable Distribution Not Permitted But May Be Replaced by Alimony as a Changed Circumstance
Husband Cannot Relitigate Fraud Issues With Wife
College Expense Obligation Must be Properly Determined By The Court
Cohabitation Exists Where Residence is the Same and Interlocking Life Aspects and Financial Dependence And Failure to Produce evidence Exists
Failure to Object and Failure to Timely Appeal Deny a Litigant a Basis to Complain as to Relief Granted

Parent Has Right To Represent Themselves In Termination of Parental Rights Case (DCPP)
Husband’s Failures Can Result in Wife Keeping the House
Attorney’s Fees are Properly Awarded for an Attorney’s Presence to Assist a Client
Counsel Fee Award In A Motion Requires Presentation of Proof of Counsel Fees and the Reasonableness of Counsel Fees
Proof Required to Alter Agreed Upon Alimony in a Divorce Agreement

Settle a Financial Circumstances in a Divorce and You May Not Be Able to Change Terms
Bad Faith In Divorce Case Can Result in Lawyer’s Fees
“Home State” of a Child For Jurisdiction Purposes is Not New Jersey When the Child Has Not Resided For 6 Months In NJ
Lower Alimony May Occur When Husband Has Loss of High-Paying Job and New Job As A Truck Driver
Due Process Required at a Domestic Violence Trial
“Five-Day Rule” Order (“5-Day Rule” Order) Not Appropriate For Custody
Domestic Violence Finding Requires Proof of the Act Alleged and Not Another Act
Cohabitation Does Not Eliminate Alimony Unless The Divorce Agreement Says So
Appeal Is to Await the Trial Court’s Decision of Outstanding Issues
A Creditor Cannot Seize a Bank Account To The Extent It Contains Child Support
Default Still Requires Wife to Prove a Case

Court Can Retroactively address the Payment of Child Support to Reflect a Credit for Payments Made In A Form
Consent Order Did not Limit Court’s Ability to Award Counsel Fees
Another Judge Can Consider “Reconsideration” Motion After Judge Retires
Partner of Parent Of Child Can Be a “Psychological Parent”
Social Security Benefits For The Child To Be Received By Parent With The Child
Arbitrating Divorce May Not Be Appealed
Lump Sum Payment Can Be Equivalent to Alimony
Failure to Abide To Parenting Time Can Result in Sanctions
Emancipation of a Child at Age 23
Divorced Spouses Are Not Required To Live Within 15 Miles of Each Other

Living Together Before Marriage and the Term of
Equalizing of Finances In Divorce
Equalizing of Children’s Extracurricular Expenses
Divorce Agreement Must Be Clear as to Terms
Domestic Violence Requires Identified Conduct
Divorce Agreement Must Be Clear as to Tax Terms
Divorce In Another Country Could Still Mean New Jersey Alimony
Father Can Be Limited in Presenting Claims to the Court
Wife was entitled to a Survivorship Interest In Husband’s Pension and Life Insurance to Protect Her Divorce Agreement Interests
Domestic Violence Not Vacated To Allow Father to See His Daughter And Others
“School Costs” in A Divorce Agreement Includes Private School Tuition

Failure to Prove Words and/or Words to the Other Denies Domestic Violence Finding
Child Custody Judge Can Decide Domestic Violence Matter
Domestic Violence Can Be Text Messages From An Unknown Number
Severance Pay Upon Employment May Not Allow For a Decrease in Payment of Alimony
Relocation to China By Other Parent Increases Burden on Remaining Parent
College Loans Are Not To Be Imposed Upon the Child to Attend College
Grandparent Visitation DENIED Because No Grandparent Bond
Claims of Delusional Spouse Did Not Require a Guardian For Divorce

Trial Required to Determine Conflicting Post-Judgment Certification Claims
Date of Divorce Filing and NOT Separation Controls Money Issues
Grandparents Must Have Valid Reasons to Adopt a Grandchild
Decisions Of the Court Require Sufficient Reasons
An Autistic Child Is Entitled To Continuing Child Support
Domestic Violence Registry Inclusion Cannot Be Undone if Domestic Violence Order Dismissed
Divorce Trial Can Be Adjourned Because the Attorney Has a Trial Somewhere Else
Paternity Tests 10 Years after a Divorce are Not Warranted
Life Insurance To Continue to Protect Alimony Even if Old Spouse
Grandparent Visitation Can be Denied
If Served with a Motion – You Must Respond or Risk a Result
Marital Standard of Living – Case Information Statement Necessary

Spying on a Spouse Can Be Domestic Violence (Stalking)
Cohabitation Is Not Simply Living In Another’s House
Need Proof of Lifestyle to Change Alimony
Need Proof of Employment Efforts to Change Alimony
Children’s Affidavits in Parents’ Divorce Is “Inappropriate”
Mediation Agreement In Part Is Valid
Bank and Other Information Can Be Used to Determine Support
Divorce Agreement That Provided For Grant of Attorney’s Fees For Enforcement of Litigant’s Rights Controls Over Discretion
Income Can Be Imputed to Determine Alimony
Gifted Property is an Exempt Asset NOT Subject to Equitable Distribution

“Sweat Equity” in an Otherwise Exempt Asset Is Subject to Equitable Distribution
Efforts To Settle Do Not Bar a Domestic Violence Finding
Prenuptial Agreement Invalid without Consulting an Attorney or Having the Opportunity to Consult an Attorney
Loss of Job and Replacement Job Allows for Retroactive Reduction of Alimony
No Fraud To Not Disclose a Remarriage Date In Regard to the Settlement of A Cohabitation Claim
Unmarried Parents Can Be Compelled To Pay For Their Child’s College Education
Arbitration Agreements Providing For Financial Confidentiality Are To Be Respected
Credit Card Debt Can Belong to Both The Spouse and the Ex-Spouse
Delay in Appealing a Child’s Presence in a State Changed Custody
The Affair With Your Ex-Husband’s Brother Did Not End Alimony
Domestic Violence Occurs When Messaging a Romantic Partner Because of a Desire to Change the Mind
Father Entitled to Reduced Support Hearing Where He Lost Job (and Replaced Job) & Mother Got a Degree & Child Emancipated & Child in College

No Abuse or Neglect Can Be “Unfounded” or “Not Established”
Truancy as to a Child Can Be Neglect
Driving a Car At Another Parent (While the Children Are In The Car) And When Other Parent Kicks The Car Is Abuse or Neglect … {Oh, And Using Heroin For Past Two Months}
Attorney’s Fees Are Awarded To Domestic Violence Victim
It Is Abuse/Neglect To Leave Children Alone Unattended In a Crib
Split the Bank Accounts as Agreed
College Attendance Does Not Presume a Reduction In Child Support
Child Custody Neglect Cases and Grandparent Custody Cases
Domestic Violence When Husband and Wife Still Live In The Same House
Reasons Are Required From A Trial Court on A Motion Ruling
Counsel Fees Based Upon Another Party’s Discovery Failures
Reconciliation Agreement / Mid-Marriage Agreement Held Invalid
Alimony for More than 2 Years on a 3 Year Marriage and a 1 Year Separation and Court Decided 18 Months Later?
Conducting an Illegal Drug Sale in the Presence of the Child Constitutes Neglect of Child
15 Years Later a Mother Was Able to Challenge an Abuse of Her Child Finding Based Upon The Circumstance That The Mother Did Not Receive Notice
“Palimony” Statute requiring a writing Is Constitutional
Environmental and Educational Neglect of Children

Using Unprescribed Medication While Pregnant ls Abuse and Neglect
Israeli Rabbinical Judges and Officials are Entitled to Sovereign Immunity in New Jersey.
Driving a Car After Consuming Alcohol and Reaching For A Mobile Phone and then Crashing a Car With a Child in the Car Constituted Gross Neglect.
Disputes Between Spouses and Ex-Spouses Related to the Divorce Are Determined in Family Court (Divorce Court) and Not Civil Courts
Arbitration of Divorce Denied an Appeal
Valuing a Business for Equitable Distribution Does Not Require Following an Expert’s Opinion
Loss of Job and Alimony provides for a 90 day period.

Domestic Violence – Adjournment Permitted
UIFSA – Uniform Interstate Family Support Act
Child Support – Increased Upon Parenting Time Reduction
PRE-MARITAL AGREEMENT / PRE-NUPTIAL AGREEMENT Divorce & The New Tax Act Tax Cuts and Jobs Act of 2017 (TCJA)
CHILD DEPENDENCY EXEMPTION - Divorce & The New Tax Act Tax Cuts and Jobs Act of 2017 (TCJA)
CHILD SUPPORT - Divorce & The New Tax Act Tax Cuts and Jobs Act of 2017 (TCJA)
ALIMONY - Divorce & The New Tax Act Tax Cuts and Jobs Act of 2017 (TCJA)
Settlement – Proof
Procedure – What Happens When No Transcript Can Exist?
Child Protection – Parental Discipline, Hitting with a Belt
No Domestic Violence – No Restraints
Self Representation – What Happens
Harassment – What Does It Really Mean?

How Are Retirement Assets Distributed After Divorce?
Domestic Violence – Indefinite Restraining Order ?
“FD” Docket Number
Domestic Violence – Masturbation
Retirement
Domestic Violence – Harm to the Child
Alimony– Change in Circumstances?
Let me Help You == Help You
Domestic Violence – Parenting Disputes?
Parenting Time – The Court Can Modify
Domestic Violence – “Probably”?
Emancipation – Parents Cannot Bargain Away Emancipation
Litigation – Court Approval for Motions?
Custody/Parenting Time – Parenting Time Order Relief
Domestic Violence – Residing Together Means No Danger?
Going to College in New Jersey

What is a Premarital Agreement?
What Happens When You Lose Your Job?
Child Abuse – Hearsay?
Expert Opinion – Dissatisfied, Can You Sue The Expert?
Domestic Violence – Abuse of the Domestic Violence Statute?
Domestic Violence – Mutual Combat
Dead-Beat Parent (Child Support) – No Help If Fugitive
Domestic Violence – Other Considerations??
House Occupancy Post Divorce – Action Required
Domestic Violence – Messages
Can You Have Grandparent Visitation?
What is a Motion?
Domestic Violence – One Event Can Be Enough

Grandparent Custody – Change?
Alimony – Employed Spouse’s Obligation to Seek Better Income
How Does Divorce Occur in New Jersey?
Default – If You Fail to Appear For Your Divorce or Default, Then No Appeal
Alimony – Reduction = Husband Income DOWN & Wife Income UP
Domestic Violence – Harassment
Domestic Violence – Harassment
Custody – Interference With Custody = CRIME??
Domestic Violence – Have an Affair == Hell Hath no Fury
What is Equitable Distribution in New Jersey?
What is Alimony in New Jersey?
Stock Option –Past Performance OR Future Incentive

Domestic Violence in New Jersey?
Retirement – Reduce Alimony and Life Insurance?
Domestic Violence - Custody / Parenting Time or Domestic Violence
Custody / Parenting Time – Confidential Evaluation Report
Asset Sale – Use Business sale to pay Alimony
Affair and Divorce – Vacate Divorce Agreement
What is Pendente Lite Support?
Garnishment – Counsel Fees
Domestic Violence – Assault: Must there be a physical mark?
Parenting Time – What is an Overnight for Child Support Purposes?
Emancipation – Divorce Agreement Does Not Control / Graduate School
Child Support – Equivalent Income / Equivalent Parenting Time?
Retirement – Health Reasons / Reduction of Alimony
What is Modification of Support?
Parenting Time – Make-Up / Missed Parenting
Child Support – Imputed Income / Tables & Past Employment History
Suing Your Spouse / Ruining Your Relationship with Your Children – Still Family Court
Sexual Abuse of a Child By A Parent – Must the Parent Admit to Accomplish Parenting Time (Visitation)?

Domestic Violence – Working for A Client
Loss of Employment / Retroactive Modification Child
What is the Settlement / What is to be Determined?
What is Child Support in New Jersey?
What is Child Custody in New Jersey?
What is Family Law?
Child Relocation – What is the Standard?
Divorce Agreement – Settlement Discussions
Alimony – Responsibility of Dependent Spouse to Work
Divorce Agreement – Mistake
Marriage in Cuba – OK?
Domestic Violence – Video

Therapy – Child Support Set-Off
Domestic Violence – Household Member
Attorney Fees – Frivolous Family Law Litigation
Grandparent Visitation – Enforcement of Right
Name Change – Transgender Child

Un-Doing a Divorce – Global Settlement
Domestic Violence – Fruit Bowl
Domestic Violence – Due Process / Reinstate
Domestic Violence – Mannequins and Weapon Bunker
Child’s Health Insurance – When Does It End?
Husband’s Income Proof – Paystubs or Tax Returns?
Children’s Health Insurance – Step - Parent Paying?
Domestic Violence – Civil Restraints
College Costs or Emancipation – Complicated
Domestic Violence – Physical Force or Violence
Job Loss – Temporary
Nephew – Child?
Child Custody – Father Or Aunt & Uncle
Child Relocation – Mother Can Move With The Child to Texas
Facebook – Serving Defendant?

Referring a Matter to Division of Child Protection and Permanency – No Liability
Parenting Time – Other Parent Unavailable
Life Insurance Trust – Dissolution
Custody – Who?
Passports and Disney Cruise – Denied
Child Support – Retroactive Modification
Bankruptcy – Affect on Child Support?

Domestic Violence – What Conduct / What Effect?
Cash Income & Imputed Income – Non-Candor & Non-Credibility
Domestic Violence – If So Maybe Lose Custody
Forgiveness of Mortgage By Bank – Still Requires Husband to Pay Money to Ex Wife
Custody – Required Mediation/Investigation
Support Change – No Change/Too Soon/Voluntary

Lawyer-ing Family Court == Divorce
Grandparent Visitation – Psychological Parent
Did You Settle The Divorce?? – Memorandum
Utilities – Who Pays For Water Filtration
Parent – Forced Visitation

Divorce >> Let me Help You = Help You
Parent – Forced Visitation
Divorce >> Let me Help You = Help You
Undoing of Divorce – If You Consent, No Appeal
Lawyer-ing Family Court == Divorce
Domestic Violence – Harassment & Stalking
Divorce: Let Me Help You == Help You......
Facebook Cannot Be Used To Serve Pleadings (Says NY Judge)
Tulip Tuesday - A Divorce Lawyer at Work
Shared/Equal Custody – Weekly Alternating With an Infant
Lawyer-ing >> Family Court
Domestic Violence – Due Process
Arbitration and Divorce – No Appeal
Child Support Change – No Case Information Statement For Line-Item Change
Early Settlement Panel – No Show

Alimony – Length of Marriage and Divorce Time
Filing Domestic Violence Proofs – Testimony Alone – Past History Of Domestic Violence Not Necessary
Filing Domestic Violence At Another Proceeding – Motives
Divorced Parent’s Attendance at Little League – Behave!
Reconciliation Failed – Reinstate & No New Filing Fee
Equitable Distribution – AFTER the Divorce
Delaying Divorce – Early Agreement is Applicable
Domestic Violence – Agreement / Finding of Facts
Equitable Distribution – AFTER the Divorce
Parenting Time – Mid-Week; Burdens/ Benefits
Courthouse
UIFSA – Both Parents and Child Live Out of State
Courthouse
Grandparent Visitation – Need Court Order To Alter
Courthouse
Retirement – Early and Not Good Faith

Children & Parents – Medical Decisions
Marital Agreement – What Was Intended
Child Support – What is a “Gifted Child”?
Domestic Violence – Violent Nature!!
Final Divorce – No Un-Doing of Divorce

Order To Show Cause – Procedure, Supervised Visitation
Domestic Violence – E-Mails
Support Enforcement Hearing – Waiving The Appointment of Counsel By Conduct
Final Divorce –Un-Doing of Divorce

Final Divorce –Un-Doing of Divorce
Domestic Violence – Violation of a Restraining Order as an Independent Act of Domestic Violence
Alimony – Marital Savings as a Component of Marital Lifestyle
Final Divorce –Un-Doing of Divorce
Life Insurance – Later Termination of Alimony

Vacation - Marital Agreement Mediation
Child Support –After Born Child
Attorneys Fees –Bad Faith Divorce Litigation
Tax Exemtions –Court Can Decide / Litigants Can Decide
Final Divorce –Un-Doing of Divorce

Cohabitation – Alimony Credit For Boyfriend payments to Ex-Wife
Economic Abuse – Cause of Action For Domestic Violence
Life Insurance Obligation in a Divorce -- No Reduction
Smoking in the Presence of a Child -- No Decision
Lost Love – No Cause of Action For Alienation of Affections

College Costs -- Parent Plus Loan
Overpayment of Child Support -- No Repayment
College Costs -- Marital Agreement Controls
Retirement -- When to Apply For an Alimony Reduction
Alienation of Child's Affections -- No Civil Cause of Action
Leaving a Child Alone

Child Support Modification -- Divorcing State
Cohabitation -- No Alimony.

Custody -- 3 Parents

Car Insurance -- For The Child & Child Support

Sell the Home -- After Spouse Refuses to Refinance

Domestic Violence -- Can You "Film" / Video ??
Child Support - - What of Extracurricular Activities..??
Domestic Violence -- Where Can You Go??……..

Default -- If You Try??
Joint Legal Custody - And Then Some

Relocation in New Jersey - OK, If you are PPR (Parent of Primary Residence) ??
Mediation == A Benefit or Burden
Default - Do Not Dither

Domestic Violence - Texting >> Even If Reconciliation Sought

Happy-New-Year--Rosh-Hashanah
Alimony - What's New in New Jersey Divorce
Cohabitation - What's New in New Jersey Divorces
Retirement and Alimony == New Statute

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© Allan Weinberg, Esq. | Disclaimer
200 Highway 9, Suite 400, Manalapan, NJ 07726 | Phone: 732-806-5529
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