Blog: Family Law
- 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In the recent unpublished decision of K.K. v. L.K. the plaintiff-father argued the parties should have a fifty-fifty parenting schedule in New Jersey.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In the Unpublished case of W.A., Jr.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Two recent unpublished decisions from the NJ Appellate Division overturned the trial court for failing to make factual findings.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 - 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 - 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 - Service by Publication in Family Law Cases
Aug 12, 2024
In One ‘method’ of alternative service of process is service by publication. In order to seek service by publication, you have to file an affidavit of diligent inquiry. The affidavit should disclose the efforts made to ascertain the defendant's whereabouts. If you have any idea where the other person may be, an email address, information about other family members, etc., that should be disclosed to the court when seeking an order for service by...Read More - How to Unify a Child with His Father
Aug 2, 2024
One of the more troublesome aspects of In the case of OM v. RT & ET, the appeals court was presented with the following question: what are the appropriate procedures that should be followed to introduce the newly-discovered biological father to a child who, for most of his life, was raised believing that another man was his biological father. Mom married RT who at all times believed he was the biological father of the...Read More - Determining Jurisdiction in Family Law Cases is Complicated
Jun 3, 2024
In any court case, your lawyer will need to decide whether the court has jurisdiction. It doesn’t matter if this is in a family part case or a civil case. Determining jurisdiction in Determining jurisdiction is particularly important in cases where spouses or parents no longer live in the same state or even within the same county in a state. Each state has its own laws regarding divorce and related concerns. If your spouse...Read More