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…
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…
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…
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”…
On March 17, 2016, the New Jersey Appellate Division issued an unpublished opinion in the case of Parrish v. Klugar 2015 WL 10488423 (App.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…
The current state of the law in New Jersey regarding children’s (or their primary custodial parent’s) right to child support is that children are not necessarily deemed emancipated upon reaching the age of 18, but that emancipation may occur later when the child completes full-time post-secondary education, gets married, dies,…
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…
New Jersey has since the Divorce Reform Act of 1971 stood in the forefront in developing the law as it relates to Marriage and Divorce. We have over the years defined the law, and the Nation has followed and adopted some of our theories as to the distribution of property and…
If divorcing parties have children, the support of these children is one of the issues that needs to be addressed. In the majority of cases the “amount” of child support is fairly easy to determine – the incomes of most families fall within the range covered by the Child…
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 “the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized…