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Changed circumstances to alter support must be permanent, bankruptcy not enough
This case reiterates that a changed circumstance requirement to alter a support payment must be permanent in nature, and that filing for personal bankruptcy isn’t evidence of permanent change in earning capability. Grier v…
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What happens to pendente lite alimony when you move in with a parent?
Pendente lite alimony what happens when you move in with mom? Can you still get pre-divorce alimony (pendent lite)? Answer – yes. Family Law 20-4-1173 Malek v. Malek, N.J. Super. Ch. Div. (Jones, J.S.C.)…
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Is any contact always a violation of a Restraining Order? Answer – No
Court’s can be fairly quick to issue a restraining order against a husband. But just because there is a restraining order in place, when you are also co-parenting, occasional contact may occur, and such…
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Beware agreements to sell property at a future date!
When you get divorced, there is often a home or other property that needs to be sold. While in the midst of a divorce, you may think that you can sell the property quickly,…
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Changed circumstances to modify support and expenses
The case below touches on several issues – one of them is the need to look at the statutory factors in N.J.S.A. 2A:34-23(a) to decide if, and when, a child with disabilities is emancipated…
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Restraining Order for Harrassing Your Job
Unfortunately, an ex-spouse may try and harrass you indirectly, such as interfereing with your employment, in that case, the court has the power to issue a restaining order. Final Restraining Order 20-2-9767 C.G. v.…
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Are a child’s communication to a judge private?
Uherek v. Sathe, 391 N.J. Super. 164, 168 (App. Div.), certif. denied, 192 N.J. 72 (2007) stands for the proposition that a transcript of a child interview may only be turned over during an…
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When do court’s award attorney fees?
One of the questions I get is when do court’s award attorney fees in divorce cases? While each case is different, here is one example where the appeals court affirmed attorney fees after the…
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Termination of Child Support
Bill S-1046/A-2721 On January 19, 2016, Governor Christie signed S-1046/A-2721 into law. This law establishes 19 as the age when child support will end. The new law allows for child support to continue up…
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