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Family Part Court Rule Amendments – 2017 (Part II)

In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two…

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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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The College Selection Process for Divorced Families

This week the Northern Hemisphere celebrated the Summer Solstice which marks the longest day of the year and the official start of the summer season. The month of June also brings with it the end of the school here in New Jersey and the many high school graduations. In New…

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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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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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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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New Jersey Appellate Division Reverses Trial Court Ruling Rejecting Father’s Application to Emancipate Adult Child

On March 17, 2016, the New Jersey Appellate Division issued an unpublished opinion in the case of Parrish v. Klugar 2015 WL 10488423 (App. Div. 2016).   In the Parrish case, the father appealed from an August 18, 2014 post-judgment Family Part order that denied his motion to emancipate his then…

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Can An Adult Oppose His or Her Own Emancipation and Termination of Support in Family Court?

In 2014 my colleague wrote an excellent blog entitled “When Does Child Support End?-Shifting the Burden”, which discussed New Jersey law on the emancipation of a child and the termination of child support.    Another colleague has further blogged about the payment of college expenses by divorced parents.  You may…

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Parent Child Relationship May be Key in Determining a Divorced Parent’s Obligation to Pay for College

 As my colleague, Mr. Dugan has touched upon in prior blog posts, divorced parents can be required to provide a college education (sometimes even an advanced degree) to their children, in addition to having to pay child support under New Jersey law.   The Honorable Lawrence R. Jones, J.S.C. has offered additional insight into…

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