You can tag “ADR” “Mediation” “Arbitration” “harm to child” “parental rights” “best interests” “parenting coordinator” – this is actually a good one for a lot of different areas.
Courts may exercise jurisdiction to protect the welfare of a child even if the parties agreed to use alternative dispute resolution. In a divorce or custody case, the parties can agree to mediation or arbitration of all issues relating to custody and parenting time. In Fawzy v. Fawzy, 199 N.J. 456, 461-62 (2009) the NJ […]
What am I paying child support for and how can I make sure it is going to the child?
Two common questions by child support payors (or obligors) are what is my child support, and what is it supposed to be used to pay for? Likewise, many people who receive child support (the payee or obligee) have a similar question: What does the child support cover with respect to the child’s expenses? Whether you’re […]
The Curious Case of Michael D. Jones, Deceased and the Need to Change Beneficiary Designations Post-Divorce
Savings bonds. Who still has savings bonds anyway? Well, a lot of people, and it is a common issue in divorce cases. Any asset acquired during the marriage is subject to equitable distribution. Even a savings bond, which would be held in the name of one spouse. The resolution of the issue is simple. Either […]
Capacity to Contract and Divorce Settlements
In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement. The defendant signed a settlement agreement and then later claimed that she lacked the mental capacity to understand what she was doing. The trial court held a hearing and enforced the agreement. After […]
Are mid-marital agreements valid in NJ?
Does everyone know what a pre-nuptial agreement is? Well, if you don’t, it is an agreement signed before a marriage between the couple. In order for the agreement to be enforceable, it must comply with the NJ statute on pre-nups. That statute is for another blog. Here we are focused on an agreement signed between […]
How does the Court Equitably Distribution Assets in a Divorce?
Marriage is a shared enterprise and, as a result, when a marriage is dissolved, the assets acquired during the marriage should be fairly divided by the parties. The court is required to conduct a three-part analysis when determining whether to distribute an asset. First, the court must identify which assets, existing at the time the […]
Why do we care about goodwill in divorce?
Lately there have been more and more people leaving traditional jobs and taking consulting positions. Is a solo consultant considered a business to be valued in a divorce? Also, more companies have been treating employees as independent contractors asking them to set up an LLC to be paid. Is that LLC considered a business in […]
What’s in a name?
After 40 weeks the baby arrives and you are presented with paperwork to complete to identify the name of the child and the father. Usually, this is not a daunting task as you have had sufficient time to discuss the name and you are both in agreement. If you are not married it is possible […]
When do you need a trial to determine college contribution?
In the recent unpublished decision of Moore v. Terrell, (NJ Appellate Division, decided on April 29, 2024), the court again considered the issue of college contribution. Here the defendant sought to emancipated the parties’ child upon her graduation from college. In response, the plaintiff said, “Ok, but defendant needs to keep paying for the loans […]
Grandparent Visitation Rights in New Jersey
Under the Grandparent and Sibling Visitation Act, N.J.S.A. 9:2-7.1 (the Act), and the legal principles set forth in Moriarity v. Bradt, 177 N.J. 84, 118 (2003), courts must undertake a two-step analysis to decide a grandparent’s application to visit a grandchild over the objection of a fit parent. Essentially, the grandparents must first prove that […]