Not necessarily. In the recent case Henneberry v. Henneberry, the Appellate Division addressed whether an alimony obligor’s good faith retirement was sufficient to terminate or reduce his alimony obligation to his ex-wife. Considering other factors such as the ex-husband’s assets and his lack of candor to the court, the court found that despite the fact that his retirement was made in good faith and his income would drastically decrease, the circumstances warranted maintaining his alimony at the original amount and continuing his obligation to maintain the full amount of life insurance coverage required by their settlement agreement.
Contribution to the higher education costs of children is one of the most frequently litigated issues between divorced spouses in post-judgment matrimonial matters. With skyrocketing tuition price tags, the stakes can be high (and even financially ruining) when litigating these issues if you are faced with unexpected education costs. A recent unpublished Appellate Division decision, Lichter v. Lichter, highlights that the fight is not necessarily over when your child receives a college degree. Can you be compelled to contribute to the post-graduate education expenses of your child? Maybe.
I recently read an article by The Points Guy about protecting your points before getting married. Points, most commonly acquired by credit card usage or travel, are often an overlooked asset when drafting a prenuptial agreement in anticipation of marriage or crafting a settlement agreement in anticipation of divorce.
The crossroads of law (evidence, civil procedure, jurisdiction, legal correspondence and service) and social media continue to be a hot topic for litigators. Every day courts across the country are faced with evidentiary issues regarding communications posted on social media. But how about starting a lawsuit via social media? How about submitting to jurisdiction due to your use of social media?
Where does generosity towards family members end and the legal obligation to support them begin? Who is a parent and when does voluntarily taking on that role have legal ramifications? These questions have been analyzed, but not resolved, by the New Jersey Appellate Division in the context of a child support modification application, in Williams v. McCloud.
Most practitioners that handle divorce, family law and complex custody cases know that it is axiomatic that to change, alter, or modify custody or parenting time, or to issue a parenting time sanction, the court must make findings of fact and conclusions of law. In fact, all decisions made by the court from the bench in family cases that are not considered temporary trigger that requirement.
The New Jersey Appellate Division recently affirmed a lower court ruling on a post-judgment motion in which the lower court denied an obligor’s application to modify child support, where proper financial documentation was not supplied with the motion. This decision highlights some key components of the nuts and bolts of filing such post-judgment motions.
I recently read an article in The Huffington Post outlining the reasons why second marriages are more likely to end in divorce. It’s a troubling thought for those once-divorced individuals who are optimistic about remarriage and hope never to undergo the experience of divorcing again.
In my opinion, most people (typically women) decide whether or not to change their name to a maiden name at the actual time of the divorce proceeding, if not sooner. The decision is a largely personal one and in my years of practice I’ve heard the gamut of reasons as to why to or not to change from the married name. N.J.S.A. 2A:34-21 is the statute that governs legal name changes in New Jersey.
It is common and often unfortunate that I meet with clients who decided, for whatever reason, that they would represent themselves during a divorce proceeding. There are cases where that decision may be perfectly acceptable. More often than not, the people I have met are coming to me because they are totally unsatisfied and/or unhappy with the deal they’ve made for themselves and are looking to an attorney to get them a better deal.