Protests have erupted over some of President Donald Trump’s immigration orders and policies. 
Candidate Trump and President Trump is correct that he has brought immigration issues to the forefront in American politics. Continue reading ›
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 college expenses as well as other relief. Although the circumstances and reasons for same were in dispute, the child had moved out of her mother’s home at age 19 and moved in with her paternal grandparents. The parents filed a Consent Order declaring the child emancipated. The child subsequently filed a motion seeking to intervene in the matrimonial matter, seeking to vacate the emancipation Order and for contribution towards her college educational expenses, initially for the community college she was attending. Continue reading ›
Valentines Day was this week, a Hallmark holiday created by the card maker to create a demand for its product. This Hallmark holiday resonates with us because we want to feel good about
our loved ones, and celebrating them and our relationship makes us feel good. Most humans love to love. I suppose that is a funny observation for a divorce lawyer but my profession does not immune me from a human’s fundamental drive to love and be loved. Continue reading ›
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 ‘the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized by this Court.’ Justice O’Connor went on to cite other decisions like Meyer v. Nebraska, 262 U.S. 390 (1923), wherein the Court recognized ‘that the ‘liberty’ protected by the Due Process Clause includes the right of parents to ‘establish a home and bring up children’ and ‘to control the education of their own.’ Continue reading ›
On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E.
is the mother of R.S. now age nine. V.E. appealed an administrative finding of the New Jersey Division of Child Protection and Permanency (“DCPP) that “established” a finding of abuse or neglect without her first being given an evidentiary hearing. The Appellate Division reversed the decision of the trial court to not afford V.E. a plenary hearing “because an established finding is a finding of child abuse or neglect under N.J.S.A. 9:6–8.21(c)(4), subject to disclosure as permitted by N.J.S.A. 9:6–8.11a(b) and other statutes, due process considerations require a party against whom abuse or neglect is established be afforded plenary administrative review. The agency’s denial of an administrative hearing is reversed.” Continue reading ›
I understand why you might not want to read this but . . . tax season is upon us. While I am an attorney specializing in family law, I frequently come into contact with other areas of law, such as 
criminal law, school law, health law, real estate law, elder law, bankruptcy law, and so on. While I am not a tax attorney, tax considerations do come into play in family law, especially divorces, sometimes by circumstance and sometimes by necessity. Please note that I am not an accountant, and your divorce attorney is probably also not an accountant. I do not intend this blog to be legal or accounting advice. If you have any questions about your tax obligations you should definitely consult an accountant. Continue reading ›
This is the final installment of a current series of blog posts in which I have been highlighting some of the more commonly asked questions of divorcing clients as to whether they can or cannot do certain things in regards to aspects of their financial or personal affairs. Once again, the thoughts expressed in this blog post should not be construed as being in the nature of legal advice, but merely serve as an overview of things to consider if you are a client asking these questions or a lawyer confronted with how to respond with them. Now lets get to my final two commonly asked questions in this current series. Continue reading ›
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” when the child either: (1) dies, (2) marries, (3) enters military service or (4) reaches 19 years of age. Emancipation traditionally occurred upon: death, marriage or military service. However prior to the modification of this statute, emancipation presumptively occurred at age 18.
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 not have to pay child support once paternity is negated. Concerns of paternity fraud are easier than ever to confirm because DNA testing kits are now available for purchase in most major drug stores. However, having a DNA test revealing the biological father of a child does not necessarily mean that a court ordered child support obligation is going to dissolved by the family court. Continue reading ›
The time period in the lead up to and immediately after a couple separates is more likely than not rife with conflict. Unfortunately, the conflicts, whether verbal and/or physical, can rise to the level of abuse that is tantamount to domestic violence. Recently, a New Jersey family court in Ocean County issued an unpublished opinion is the case of AS-v-VS, FM-15-923-17, which is illustrative about how a family court judge handles a domestic violence complaint, especially in proximity to the filing of another family court matter. Continue reading ›
New Jersey Divorce and Family Lawyer Blog