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In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement.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 […]
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In the recent unpublished decision of Moore v. Terrell, (NJ Appellate Division, decided on April 29, 2024), the court again considered the issue of college contribution.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 […]
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 […]
Are Heart Balm Torts Viable in New Jersey?
In the recent unpublished, trial court decision of Slanovec v. Carroll and Modebadze, the court held that the Heart Balm Act did not apply to cases between parent and child. The case was between two siblings. The sister sued her brother for making false statements about her and interfering with her relationship with their mother. […]
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 […]