Alimony Length of Marriage Name *   Email *   Phone *   Question or Comments Submit Tuesday, September 25, 2018 Living Together Before Marriage and the Term of In a Decision –    B.G. Read more . . . 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Truth UCCJEA UIFSA Uncle unconscionable Underemployment Undo Divorce Un-Do Divorce Undoing Divorce Unemancipation Unemployment Unexpected Event Uniform Child Custody Jurisdiction Act Uniform Child Custody Jurisdiction Enforcement Act Uniform Child Custody Jurisdiction Enforcement Act International Uniform Interstate Family Support Act Unmarried Unmarried Unmarried with Child Unmarried with children Utilities Vacating Divorce Vacation Valuation Venue Video Violation Violation of Litigant's rights Visa Visitation Visitation Equal Weapons Blog Links Archived Posts 2021 April 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 March 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 February 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 January 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 2020 December 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 November 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 October 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 September 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 August 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 July 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 June 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 May 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 April 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 March 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 January 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 2019 December 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 November 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. October 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. September 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. August 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 July 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 June 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 May 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 April 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 March 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 2018 December 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 November 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 October 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 September 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 August 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 July 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 May 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 April “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 March 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 February 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. January 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? 2017 December 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 November 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 October 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 September 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)? August 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 July Therapy – Child Support Set-Off Domestic Violence – Household Member Attorney Fees – Frivolous Family Law Litigation Grandparent Visitation – Enforcement of Right Name Change – Transgender Child June 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? May 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? March 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 February Lawyer-ing Family Court == Divorce Grandparent Visitation – Psychological Parent Did You Settle The Divorce?? – Memorandum Utilities – Who Pays For Water Filtration Parent – Forced Visitation January 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 2016 December 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 November 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 October 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 September 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 August 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 July 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 June 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 May Child Support Modification -- Divorcing State Cohabitation -- No Alimony. March Custody -- 3 Parents February Car Insurance -- For The Child & Child Support 2015 November Sell the Home -- After Spouse Refuses to Refinance March Domestic Violence -- Can You "Film" / Video ?? Child Support - - What of Extracurricular Activities..?? Domestic Violence -- Where Can You Go??…….. February Default -- If You Try?? Joint Legal Custody - And Then Some January Relocation in New Jersey - OK, If you are PPR (Parent of Primary Residence) ?? Mediation == A Benefit or Burden Default - Do Not Dither 2014 November Domestic Violence - Texting >> Even If Reconciliation Sought September 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 2013 December Happy Thanksgiving From Allan Weinberg, Attorney At Law News Happy Chanukah From Allan Weinberg, Attorney At Law News October The Appellate Division held (in Tobasco, an Unreported Decision):