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Family Part Court Rule Amendments – 2017 (Part 1)

Despite the recent heat wave, Fall has arrived. Besides the presumably cooler weather, when the calendar hits September, we can always look forward to a number of things – school starts, rush hour traffic resumes, shorter days, etc. However, for us lawyers September brings with it the annual amendments that…

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Words Matter: Common Misconceptions

I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained…

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Carmelo and Lala Anthony: Yes, they have a prenuptial agreement, but that does not resolve all of the issues in their divorce

This week the media was abuzz with news of the demise of another celebrity marriage, this time with the separation of professional basketball player, Carmelo Anthony, from his wife Lala Weddings rings and large bills of money Anthony. The Anthony’s have been married since 2010 and have a 10 year-old…

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The Ricci Case and Emancipation: An Epilogue

Several weeks ago my colleague, Elsie Gonzalez, Esq., wrote a blog post discussing the recent Appellate Division case of Ricci v. Ricci, A-1832-14T1 decided on February 9, 2017. That matter arose as a result of a child bringing an action against her divorced parents seeking contribution from them for her…

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Can’t Wait to Grow Up? Not So Fast! – New Jersey Appellate Division Reviews Emancipated Child’s Request for College Contribution From Parents

Reiterating the opening to our latest blog outlining the history of U.S. Supreme Court decisions regarding the fundamental right to parent one’s child, he wrote:  “United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that…

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New Jersey Law Now Requires a Custodial Parent to File A Request to Continue Child Support Beyond a Child’s 19th Birthday

New Jersey Govenor Christie has signed into law N.J.S.A. 2A:17-56.67 which significantly modifies the current law related to the duration and termination of child support obligations. Specifically Section (a) of the new statute provides that unless a court order or judgment provides to the contrary, child support terminates by   “operation of law”…

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Who’s Your Daddy? -Paying Child Support For A Child That Is Not Biologically Yours

More than ever it is not that unusual for a father to learn that the child he has been ordered to provide child support for is not his biological child. Instinctively, it would be equitable to assume that a man who is not the biological father of the child should…

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Retroactive Unallocated Child Support Modification in Cases Involving More Than One Child

On August 9, 2016, the New Jersey Appellate Division Committee on Opinions approved for publication the Trial Court opinion of the Hon. L.R. Jones, J.S.C. in the case of Harrington-v-Harrington, in which the court analyzed the situation divorced families face when one of multiple children is emancipated and the effect…

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Appellate Division Considers Impact of Parental PLUS Loans on the Allocation of College Costs Between Divorced Parents and Split Custody Considerations

Allocation of higher education expenses for the children of divorced or non-married parents continues to be an area of litigation and developing law.  This week, the Appellate Division approved for publication the case of  Avelino-Catabran v. Catabran, in which the Appellate Division addressed the interpretation and enforcement of a Property…

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