Stipulating to the Marital Standard Living in your MSA Can Save Time and Money Later
If you are going to be paying or receiving alimony in a divorce you have the ability to stipulate to the marital standard of living in your agreement. In most divorces, the parties cannot agree on what the standard of living was and so they do not. Rather, their agreement simply has standard language that […]
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 […]
Child Support Trusts
Inevitably the most frequently asked question in a case involving child support is: What if the payor doesn’t make a payment? Non-payment may result from any number of reasons ranging from loss of employment to apathy to malicious non-compliance. More often than not, child support is paid and paid in a timely manner. The state […]
When family court meets pet court… Is dog custody a thing?
When families are separating it is more than just children that can be placed in the middle of a dispute. Family pets are often a topic raised by spouses who are separating. While you dog, cat, fish, rabbit, or other fur baby, may be an integral part of the family, the law views pets as […]
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 […]
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In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement.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 […]
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 […]
Paternity Laws in New Jersey and Beyond
Recently one of the Fellows on the Legislation Committee raised a question regarding the paternity laws of the various states. The query related specifically to an issue related the voluntary acknowledgment of paternity. If you have served on a committee (which I highly recommend) you know what came next. A flurry of responses from Fellows […]