In Stamberg v Stamberg, the Plaintiff Husband sought a reduction in alimony payments based on the change of circumstances presented by a medical condition which caused him to lose his employment. In submitting his financial information to the court, Husband included his social security income, his disability payments, and his pension payments. Defendant Wife sought…
For many divorcing couples, particularly those who own or have an interest in a closely held family business, cash very often reigns supreme. Often times access to cash, particularly by way of a business, serves to supplement, or enhance a couple’s marital lifestyle far beyond that which may be classified as reported income for income…
In order for a Court to hear a matter, it must have both subject matter jurisdiction over the issue and personal jurisdiction over the persons involved. The United States Supreme Court has ruled that subject matter jurisdiction “cannot be forfeited or waived and should be considered when fairly in doubt.” Ashcroft v. Iqbal, 556 U.S.…
It is sometimes said that ignorance is bliss. On occasion, it can be easier to stick our heads in the sand and ignore our surroundings rather than to acknowledge and face the inevitable. In the context of ignoring notices from the Court, this is not the best legal strategy. In the recent unpublished Appellate Division…
The length of a marriage, for purposes of alimony and equitable distribution, is often measured by utilizing the date of marriage and the date a Complaint for Divorce is filed. In some cases, parties choose to enter into a cut-off agreement rather than file a Complaint for Divorce. That will also serve as an end…
In order to protect a victim’s safety in the face of domestic violence, it is sometimes necessary to obtain a Temporary Restraining Order. After a Temporary Restraining Order is issued, the Court is to schedule a trial to determine if a Final Restraining Order should be entered in accordance with Silver v. Silver, 387 N.J.…
The term “stalking” carries a connotation of someone following us down the street, peeking out from the bushes, and peering in our windows. However, in today’s world of technology, a person doesn’t need to be present to be a stalker. In the recent decision, E.D.B. v. D.S., the Appellate Division affirmed the trial court’s determination…
New Jersey’s rule governing venue in family court matters, R. 5:7-1, has, until recently been a much overlooked, pro forma, check of the proverbial box when filing a client’s Complaint for Divorce. The overwhelming majority of the time, venue never arises as a “issue” in a matrimonial proceeding, as the Complaint for Divorce is filed…
As attorneys that handle DCPP cases, by the time we get asked this question, often the door has already been opened both literally and legally. This is because when DCPP investigates, most parents comply because they do not know their rights, they think they have nothing to hide, they are worried that DCPP will take…
Everyone wants to know the answer to the million dollar question: can I retire before the age of 67 years old and still get my alimony and / or child support terminated? Of course you can retire any age you would like, but the courts in New Jersey do not allow you to retire in…