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Thursday, January 25, 2018
TCJA eliminates Personal Exemptions in favor of a larger Standard Deduction. Thus, the party availing itself of a Personal Exemption will no longer have the benefit thereof and the available income will be different. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. The information contained in this communication does not reflect the level of factual or legal inquiry which would be applied in the event a formal opinion was rendered by this firm. Consult your Tax Advisor as to all Tax matters. Read more . . .
Wednesday, January 24, 2018
TCJA does not affect Child Support per se; rather, the fact that Alimony is no longer deductible to the Payor nor included to the Payee as to new Divorces (and certain modified Divorces) renders the Child Support Guidelines different than would have been under the old laws inasmuch as the available income to each party shall now be different. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. The information contained in this communication does not reflect the level of factual or legal inquiry which would be applied in the event a formal opinion was rendered by this firm. Consult your Tax Advisor as to all Tax matters. Read more . . .
Monday, December 18, 2017
When parties were never married to each other. The non-dissolution or FD docket provides a mechanism for parents who never were married to each other to obtain relief from the court on matters pertaining to custody, parenting time, paternity, and child support. Read more . . .
Monday, November 20, 2017
In a Decision – Macekv. Peisch (an "Unreported Decision") >> the Court Held: The Appellate Division determined that a Father who was avoiding arrest on $101,000.00 in owed child support could not seek judicial help. The trial court found that Father was willfully unemployed and not indigent, and permitted an “ability-to-pay” hearing. The trial court determined Father not to be indigent, and found him willfully unemployment. Read more . . .
Thursday, October 26, 2017
In a Decision – Friedman v. Friedman (an "Unreported Decision") >> the Court Held: The Appellate Division dismissed the appeal holding appellant must file an application in the trial court, pursuant to Rule 4:50-1 or on other grounds as he may deem appropriate, in order to set aside the divorce decree. Following several years of litigation in the parties’ divorce proceedings, the trial court entered a default judgment of divorce which established property distribution, domestic support obligations, and child custody. At the default hearing, to which Husband failed to attend, the trial judge barred defense counsel from cross-examining Wife because of Husband’s disregard for his obligation in the litigation over a period of years. The Appellate Division noted it was well established that appeals must be dismissed when taken against a judgment by default. Read more . . .
Friday, September 15, 2017
In a Decision – Newell v. Shain (an "Unreported Decision") >> the Court Held: The Appellate Division determined that the Family Part properly ordered the spouse to pay counsel fees via weekly wage garnishment following a calculation of appellant’s earned income and his financial commitments toward his three children. On appeal, appellant argued the current wage execution was not a suitable course of action because it would cause financial hardship for the children. N.J. Read more . . .
Monday, September 11, 2017
In a Decision – Raucci v. Valotta (an "Unreported Decision") >> the Court Held: The Appellate Division determined that notwithstanding the 50/50 Parenting (Visitation) Time and that the father picked the child up before noon and the child was returned after noon on the following day, the father was not entitled to two (2) overnights for child support purposes. The trial judge acted within his discretion when he rejected plaintiff’s argument that, because of his pick-up and drop off times, he had the child for more than 24 hours and had to be credited with two overnights when he picked the child up before noon and the child was returned after noon on the following day. Read more . . .
Sunday, September 10, 2017
In a Decision – Conte v. Ainsworth (an "Unreported Decision") >> the Court Held: The Appellate Division concluded that the right to child support belonged to the child, not the parent, and cannot be waived by an agreement between the parents. The trial court was obligated to examine whether the child was in fact emancipated and, if the child was found unemancipated, calculate the amount of support she needed and each parent’s obligation toward that end. Further, there must be an examination of whether either parent was obligated to contribute toward the cost of the child’s higher education, after taking into consideration the factors set forth in Newburgh v. Arrigo, 88 N. Read more . . .
Saturday, September 9, 2017
In a Decision – Raucci v. Valotta (an "Unreported Decision") >> the Court Held: The Appellate Division determined that it was acceptable that there would be no child support given the parents’ equal parenting time and close annual incomes. The trial judge acted within his discretion when he determined that there would be no child support where the father earned approximately $65,000.00 (56%) and mother earned approximately $50,000.00 (46%). Read more . . .
Friday, September 8, 2017
Saturday, September 2, 2017
In a Decision – Taylor v. Jones (an "Unreported Decision") >> the Court Held: The Appellate Division determined that the job category used for imputing income to Father was based on his past employment history The Court accepted that the Father was underemployed. The Court further determined that the job category used for imputing income to the Father was based on his past employment history and if the trial court had used the job category the Father argued for, there would have been no material difference in the imputed median income Read more . . .
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