Clarity is Key in Interpreting Alimony Provisions in Your Settlement Agreement
When the parties in a divorce agree to alimony provisions, the terms are often hotly contested and both attorneys will seek the most advantageous language for their respective clients. While there are common terms or “boilerplate” provisions for many different parts of matrimonial settlement agreements, drafting the alimony provision requires careful consideration. In the context […]
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 […]
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In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement.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 […]