A seventeen year old girl who was brutally beaten by four individuals in an attempt to terminate her pregnancy has scored a legal victory for her unborn child. Under New Jersey law, while a fetus is not considered a person, a pregnant victim of domestic violence may now obtain a restraining order that will extend… Continue Reading
Tag Archives: Middlesex County Attorney
DIVORCE ATTORNEY FOR FINANCIAL ADVISORS AND STOCKBROKERS
Posted in DivorceStockbrokers and financial advisors going through a divorce often face non-routine issues due to the unique nature of their compensation. It is important for a financial advisor, and likewise, his or her spouse, to retain a divorce attorney with substantial experience in analyzing the various forms of compensation that may impact issues such as alimony, child… Continue Reading
Nothing But Net or Airball for Kris Humphries in his Divorce Battle with Kim Kardashian?
Posted in DivorceOne of the most highly publicized divorce battles in recent history quietly came to a close on Friday, April 19, 2013 in a Los Angeles court room. Reality star Kim Kardashian and NBA player Kris Humphries were married just 72 days before separating- yet have been engaged in an acrimonious and costly divorce action for nearly 18 months. Humphries, claiming to have been blindsided… Continue Reading
Changes coming for Child Support in NJ?
Posted in Child SupportThe New Jersey Supreme Court’s Family Practice Committee, as mandated by the federal Family Support Act of 1988 reviews the guidelines used to determine child support every four years. This year, the Committee is set to recommend a revision which they believe would more accurately reflect the needs of New Jersey families. The revised guidelines… Continue Reading
Who’s your Daddy? Factors Used for Applications for Genetic Testing for Paternity
Posted in Child Support, Divorce, PaternityAfter caring for a child he thought was his own for 15 years (including making child support payments!), a plaintiff claimed that he was blindsided when a family friend came forward and admitted that he had taken a DNA test that revealed that he was the biological father of the child. M.M. v. M.G., No…. Continue Reading
Are Unallocated Support Payments in a Divorce Action Tax Deductible?
Posted in AlimonyA couple going through a divorce action should understand whether a support payment, not specifica lly allocated as child support or alimony, is a taxable event where the payor may deduct it and the payee report it as income on his or her tax returns. The United States Tax Code, Section 215, allows a payor… Continue Reading
Supreme Court Hears Arguments in DOMA Challenge
Posted in Family Law, Marriage, Supreme CourtThe Defense of Marriage Act (“DOMA”) is a federal law which bars interstate recognition of marriage between same sex couples. This means that while a marriage between members of the same sex in one state may be recognized, in another state, the marriage may not be recognized. DOMA makes many things more complicated for gay… Continue Reading
Superstorm Sandy and Divorce
Posted in Custody, Divorce, Family LawHurricane Sandy has left a wake of untold emotional and financial damage to individuals, families, and businesses. Due to the trauma associated with Sandy, marriages that were fragile and tottering on failure may no longer be salvageable. The resulting devastation may substantially impact pending divorce actions or it may be necessary to modify existing divorce… Continue Reading
Collaborative Divorce – A New Alternative
Posted in Divorce, Family LawA new and increasingly more popular alternative to a traditional litigated divorce is a process called Collaborative Divorce. Couples who choose this process agree not to go to Court until they have a signed settlement agreement resolving all issues. All participants, including the professionals, sign a Collaborative Participation Agreement, which makes the process confidential and… Continue Reading
Are you helping or hurting your divorce process?
Posted in DivorceBelieve it or not, your participation or lack thereof, with your attorney, can either help or hurt your divorce process. That could mean the process taking longer, costing more or actually proceeding to trial as opposed to being resolved either through mediation, four-way or after an early settlement panel (ESP). Keep in mind that it… Continue Reading
Can you find out whether your spouse is cheating with the use of a GPS device?
Posted in DivorceThe Appellate Division in Villanova v. Innovative Investigations Inc. says yes. Plaintiff, Kenneth Villanova, sued Innovative Investigations, Inc. and its principal Richard P. Leonard for invasion of privacy. Because Leonard had difficulty with his surveillance of the plaintiff, he suggested to the plaintiff’s wife (now ex-wife) that she place a global positioning system (GPS) in… Continue Reading
New standard of Proof for relocation cases in NJ?
Posted in CustodyIn a recent decision, Justice Virginia Long of the Supreme Court, who writes the most prolific family law decisions, held that a State Court judge improperly barred a woman from moving to Massachusetts with her children over her husband’s objection. This opinion was a unanimous decision from the Supreme Court. The decision, Morgan v. Morgan,… Continue Reading
Is Cursing at Your Spouse Domestic Violence?
Posted in Divorce, Domestic ViolenceYes, according to the Appellate Division in New Jersey recently. In the case of C.M.F. v. R.G.F., App. Div. (Espinosa, J.A.D.) the court ruled that if the language was said to disturb or annoy another, then it is covered under New Jersey’s domestic violence act and a restraining order for protection is in order. The underlying… Continue Reading
Victims of Domestic Violence Can Get a New Social Security Number
Posted in Domestic ViolenceMany people may not know but under extreme circumstances, a victim of domestic violence may be able to obtain a new social security number under the HALE Program by the federal government [Harassment, Abuse & Life Endangerment], to protect against an abuser’s stalking, invasion of privacy and other safety concerns. This program became effective in November 1998… Continue Reading
Do you know what type of pension your spouse has?
Posted in Family LawIf you or your spouse are employed or were previously employed, you may own a pension that is subject to equitable distribution in your divorce. Many employees receive the benefit of a pension when they retire as a result of their employment. A pension is a type of savings plan for the employer to prepare for… Continue Reading
The Role of the Family Law Paralegal At Wilentz
Posted in Family LawPosted By: Albertina Webb, Esq. and Heather Chiang, Paralegal When you hire a family law attorney at Wilentz, you will most likely meet one of the department’s paralegals. Our paralegals are specially trained to perform a variety of functions and tasks which support and complement the attorneys in their representation of our clients. A paralegal is… Continue Reading
Grandparent Awarded Temporary Custody of Child, Despite Father’s Demand
Posted in Family LawThe Appellate Division has upheld a decision of a Middlesex County Judge’s decision to award temporary custody of a young child to the maternal grandparent instead of the child’s father. In Hargrove v. Hassell, New Jersey App. Div., May 25, 2010, the court affirmed a June 5, 2009 Family Part order that had authorized and Ordered… Continue Reading
What Can You Do to Save Time and Money During Your Divorce
Posted in DivorceA divorce proceeding can be emotionally and financially draining. The emotional components conjure up many feelings: rejection, failure, guilt, anger, and the loss of security. The financial components encompass the division of assets and the allocation of income to satisfy alimony and child support obligations. You can save time and money during your divorce when… Continue Reading
Domestic Violence, is it a part of your life?
Posted in Divorce, Domestic ViolenceDomestic Violence can be subtle or it can be so violent, there can be no dispute that you are the victim or the victimizer. One of the most common misunderstandings about domestic violence is that if someone isn’t hit or they don’t hit someone, that it’s not domestic violence. Under the Prevention of Domestic Violence Act,… Continue Reading
Family Law Appeals in Layman’s Terms
Posted in Family LawPosted by Joseph J. Russell, Jr., Esq. An appeal is a proceeding that allows a higher Court to review a lower court’s decision. The most common grounds for taking an appeal from a decision by the Family Part are as follows: (1) the court failed to make adequate findings of fact; (2) the court failed to… Continue Reading
The Guardianship Kinship Act is Clarified by the Supreme Court
Posted in Family LawAs recently as last week, the New Jersey Supreme Court, set a high proof standard for parents seeking to regain a child taken from them and placed with a relative or friend. The Court held that the parents must show by clear and convincing evidence — not by a mere preponderance — that the reason for removing the child no… Continue Reading
Is it time for a Triennial Review of Child Support?
Posted in Family LawAs of yesterday, you have been divorced for three years. Pursuant to the terms of your settlement agreement, your ex-spouse pays child support to you directly. There is no provision for an increase in child support. Or maybe there is a provision about a review of your child support after three years. However, there is no explanation… Continue Reading
Palimony Bill Signed on Corzine’s Last Day in Office
Posted in Family LawAs reported here by Cheryl Connors, Esq., Governor Corzine signed the bill requiring written agreements in order to prevail on a palimony claim. Also signed into law that day, was the bill that permits certain medical conditions to be treated by legalized marijuana. The passage of the palimony bill essentially modifies the Statute of Frauds… Continue Reading
Paying or Receiving Child Support in New Jersey
Posted in Family LawIf you live in New Jersey, whether you are receiving or will be paying child support, will depend on many factors. You should know what those factors are and should specifically ask your attorney if you have any questions: N.J.S.A. 2A:34-23 specifically states: In determining the amount of child support to be paid by a… Continue Reading