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Monday, January 2, 2017
In a Decision – Trenholm v Trenholm. (an "Unreported Decision") >> the Court Held: The trial court determined that in a mater seek a specific line-item change, no new income/expense information nor Case Information Statement requirement exists. The Father ceased exercising overnight Parenting Time. The Mother simply sought to eliminate the overnight parenting time credit. Mother had not filed a new updated Case Information Statement with the Court as part of the Motion, nor had she alleged or established any other “substantial change of circumstances,” The Court found that the Mother’s application for a support modification is meritorious, and the Court may appropriately consider and grant her application for relief regarding the parenting time credit, even without the inclusion of an updated case information statement or any other substantial change in circumstances. Read more . . .
Sunday, January 1, 2017
In a Decision – Swift v Swift. (an "Unreported Decision") >> the Court Held: When a party refuses or repeatedly fails to appear at a scheduled ESP conference ,the court in its discretion may strike and dismiss the party’s pleadings. At the Early Settlement Panel conference, both the parties and their attorneys (if they are represented), generally have an opportunity to sit down and discuss the issues in their case with the assigned ESP panelist. Al discussions, negotiations, offers, and counter-offers are confidential, meaning that if the case does not settle, neither party is permitted to reveal to the court what the party offered, counter-offered, or otherwise discussed during the conference. Panelists render non-binding, confidential, professional recommendations on methods of potential resolution. Read more . . .
Monday, December 26, 2016
In a Decision – Schmidt v. Schmidt - (an "Unreported Decision") >> the Court Held: The Court accepted that after a failed Reconciliation the matter may exist without the submission of a new Filing Fee. The court determined that an exceptional circumstance existed (the prior case was dismissed relatively recently and for the express reason as the parties’ voluntary attempt to save the marriage). The policy of encouraging mutual efforts at attempted reconciliation was important enough to reinstate the matter and defendant being provided additional time to answer the complaint. Read more . . .
Thursday, December 15, 2016
Tuesday, December 13, 2016
Saturday, December 10, 2016
Tuesday, November 8, 2016
In a Decision – P.S. v J.S. - (an "Unreported Decision") >> the Court Held: The Trial Court heard arguments on the question as to whether there was an obligation contribute a limited sum of additional funds, above and beyond basic guideline-level child support, to help defray the costs of their teenage daughter’s acting-related expenses and other extracurricular activities. Read more . . .
Thursday, October 6, 2016
In a Decision – Macek v Peisch - (an "Unreported Decision") >> Defendant-father had filed malpractice actions against the two prior attorneys appointed to represent him in support enforcement hearings, and that he had requested that the third be removed because the attorney, against whom father had threatened to file a grievance, allegedly had not done the things that father thought were reasonable to do. The Family Division judge found that father was aware, pursuant to Administrative Directive #2-14 (Apr. 14, 2014), that if for "whatever reason [counsel] cannot be appointed, incarceration is not an available remedy." The judge noted that "with every attorney we have appointed for [father, he] . . Read more . . .
Wednesday, October 5, 2016
In a Decision – LBvHB - (an "Unreported Decision") >> the Court Held: The Appellate Division ordered a Hearing. At the time of the Divorce the Marital Agreement was prepared by the other spouse’s lawyer, the party was not represented by a lawyer, the party was suffering from maladies and substance dependence. The party waived alimony provided for $1.00 in child support without reference to Child Support Guidelines, provided for limited equitable distribution and gave up physical custody. The party did not know of the other spouse’s significant income. Read more . . .
Thursday, September 22, 2016
In a Decision – LBvHB - (an "Unreported Decision") >> the Court Held: The Appellate Division ordered a Hearing. At the time of the Divorce the Marital Agreement was prepared by the other spouse’s lawyer, the party was not represented by a lawyer, the party was suffering from maladies and substance dependence. The party waived alimony provided for $1.00 in child support without reference to Child Support Guidelines, provided for limited equitable distribution and gave up physical custody. The party did not know of the other spouse’s significant income. Read more . . .
Tuesday, August 30, 2016
In a Decision – Karkoszka v. Karkoszka - (an "Unreported Decision") >> the Court Held: We are convinced that the court correctly rejected defendant's reliance upon the birth of his new child as a basis for a finding of changed circumstances because, as noted, defendant failed to demonstrate there were any changed circumstances affecting his ability to earn the income as before. Because defendant failed to provide such evidence and other information we held must be considered in Martinez, the court properly rejected defendant's singular reliance upon the birth of his new child as a basis for his claimed change in circumstances. Read more . . .
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