Blog
- Minors and DUI Charges: How NJ Law Treats Underage Offenders
Dec 18, 2024
For parents, there’s nothing more alarming than learning their teenager has been charged with a If your teen has been charged with a DUI, understanding the legal process and the potential penalties is critical. This guide breaks down how New Jersey handles underage DUI charges, the consequences your teen may face, and why hiring an experienced DUI defense lawyer is essential to safeguarding their future. Understanding New Jersey’s Approach to Underage DUI New Jersey...Read More - There is No Presumption of 50/50 Parenting Time in New Jersey
Dec 11, 2024
In the recent unpublished decision of K.K. v. L.K. the plaintiff-father argued the parties should have a fifty-fifty parenting schedule in New Jersey. He claimed the trial judge violated public policy, which promises children "frequent and continuing contact with both parents . . . ." under the Statute N.J.S.A. 9:24. The appeals court disagreed. N.J.S.A. 9:2-4 states that it is the public policy of the State of NJ to assure minor children of frequent and...Read More - An IEP is NOT a Custody Evaluation
Dec 9, 2024
In the Unpublished case of W.A., Jr. v. S.T., the mother appealed a decision by the trial court designated the father as primary residential custodian of the parties’ child J.T. The child had resided with the mother since birth and has ADHD. The defendant argued and the appeals court agreed that an IEP serves a very different purpose than a best interests evaluation. The appeals court rejected her claim that she did not have the...Read More - What are fact findings and why are they important?
Dec 6, 2024
Two recent unpublished decisions from the NJ Appellate Division overturned the trial court for failing to make factual findings. Markferding v. Markferding Case In the case of Markferding v. Markferding, Not Reported, A-380-23, Decided November 22, 2024, the defendant appealed a trial court decision imputing him income for child support purposes. The appellate division reversed and noted, that while it was ok for the trial court to impute income, since the defendant repeatedly failed to...Read More - A jury must hear facts for enhanced sentences
Dec 2, 2024
In the recent published decision of State of New Jersey v. Carlton, decided November 27, 2024, the Appellate Division considered the application of the recently decided Erlinger v. US, 602 U.S. ____ (2024) which held that a jury, not the sentencing judge, must decide the existence of the facts necessary to establish the grounds for a sentence enhancement based on prior convictions for offenses committed on separate occasions. The NJ court ultimately instructed that the...Read More - Imputing income in child support cases
Nov 29, 2024
In the recent case of Markferding v. Markferding, Not Reported, A-380-23, Decided November 22, 2024, the defendant appealed a trial court decision imputing him income for child support purposes. The appellate division reversed and noted, that it was ok for the trial court to impute income, since the defendant repeatedly failed to submit financial information to the court. How Child Support Is Determined Child support is primarily based on the combined incomes of both parents...Read More - How to Handle Hidden Assets in a Divorce: A New Jersey Attorney's Guide
Nov 12, 2024
Divorce At Why Hidden Assets Pose a Serious Issue When a spouse conceals assets, it can result in an unfair settlement and jeopardize your financial stability post-divorce. High-asset divorces often involve complicated financial portfolios, including real estate, investments, business interests, and valuable personal property. Unfortunately, some individuals may try to hide these assets to retain a larger portion of the marital estate. Hiding assets during a divorce is not only dishonest but also illegal,...Read More - Steps to Take Before Filing for Divorce: A Guide
Oct 8, 2024
Deciding to file for These steps can help make the divorce process smoother and ensure that your rights and interests are protected. 1. Evaluate Your Financial Situation One of the most crucial steps before filing for divorce is evaluating your financial standing. Divorce can have a significant impact on your finances, especially when it comes to dividing assets, debts, and ongoing financial obligations such as spousal or child support. Steps to Take: Collect Financial...Read More - My ex violated the court order… what do I do?
Sep 23, 2024
At the conclusion of your family part case, you will get an order from the court. That order should detail any of the following: How frequently and the amount of child support to be paid; The parenting plan; The legal rights of the parents relative to the children; Additional expense that are to be shared between the parents; Whether therapy is required or a parenting coordinator is appointed; The terms of payment of The...Read More - DUI Charges in New Jersey: What Happens if You're Arrested Without a Breathalyzer Result?
Sep 13, 2024
Facing a DUI charge in New Jersey is a serious matter, and many cases rely heavily on breathalyzer results to determine blood alcohol content (BAC). But what happens if you're arrested for a DUI without a breathalyzer result? Whether due to a refusal to take the test, a malfunction, or procedural errors, it's important to understand how these situations are handled. In this blog, we’ll explore what you need to know if there is no...Read More