Earlier this month, the New Jersey Appellate Division took up the issue of whether or not a litigant living as a fugitive outside the United States has standing to challenge a default judgment entered by the trial relating to custody and support. The case of Yvietta Matison v. Mark Lisantary, involved an appeal by the father from the trial court’s June 20, 2014 order denying his motion to vacate a May 1, 2013 default judgment, which awarded the mother palimony and custody of the couple’s twin children, who were born in 2004. The court based its ruling on the facts submitted by the mother because the father did not participate in the litigation. According to the mother, “Before she came to the United States in March 2006, the father purchased a home valued at approximately $1.9 million in Franklin Lakes and paid for substantial renovations to the home. He also provided a nanny, interior decorator and secretary. During this time, [ the father] returned to Europe to conduct business and [the mother] remained in the Franklin Lakes home with the children and the nanny. He subsequently sold the property, and plaintiff and the children moved to Tenafly where the children were enrolled in private school. [The father] continued to provide support to plaintiff from abroad. Continue reading ›
Articles Posted in Non-Dissolution
Imputation of Income for Support Cases in New Jersey – The When and the How…
In any number of cases, the issue of imputation of income can and will arise with regard to one or both parties when issues of alimony or child support arise. Generally speaking, in matrimonial cases an issue over imputation of income often arises when, say one party has been unemployed for some time, or where a party is not earning or reporting income consistent with that person’s ability to do so. The case law in the State of New Jersey is fairly straightforward when it comes to when and how income should be imputed to an individual, however, there have been some recent developments that highlight some nuances. Continue reading ›
REALITY “FD”: New Guidelines for Non-Dissolution Family Cases in New Jersey
When people ask me what I do for a living, I usually tell them I am a “divorce” lawyer. While much of this firm’s practice is devoted to representing clients either getting divorced, handling issues incident to a divorce, or addressing disputes which may arise post-divorce (i.e. modification, enforcement of obligations and the like), over the years this firm has often been called upon to handle a growing number of disputes between non-married parties. Among these claims arising from “family-type” relationships are those involving child custody and parenting time, property rights, child support and “palimony”. Hence, it is more accurate to described myself as a “family law” attorney as our firm’s website so references. Continue reading ›