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Health Insurance

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 . . .


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 . . .


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Archived Posts

2020
July
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
2019
December
November
October
September
August
July
June
May
April
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
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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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