April 18, 2017 is the 2016 tax filing deadline and it’s quickly approaching. The Government does not care that you are going through potentially the most difficult time period in your life. Like the Godfather, the IRS wants its money.
My contributions to the Riker Danzig Family Law Blog are usually limited to matters dealing strictly with issues that squarely impact divorce litigation. I recently researched a New Jersey Supreme Court employment law case decided this past summer, however, that I found of particular importance as it relates to client management for divorcing clients, and has been a burgeoning issue in recent years: clients being concerned about loss of employment resulting directly from their divorce.
In the recent decision of a New Jersey family court, the standards for out-of-state relocation with a minor child were examined and the court addressed what shared physical custody really means for purposes of determining removal applications.
I recently read an interesting article in The Huffington Post about changes to Alaska’s divorce laws, requiring judges to consider a pet’s well-being in allocating animals in a divorce. These amendments became effective last month, making Alaska the first and only state to impose such a requirement.
Many people presume that child support automatically terminates upon a child’s attainment of the age of majority. However, whether an ex-spouse is entitled to continue to receive child support past that time is not so black and white. The New Jersey law which addresses “emancipation” for purposes of terminating child support was recently amended and becomes effective February 1, 2017.
A recent Appellate Division opinion confirms the general rule that trial orders confirming, modifying or correcting an arbitration award are precluded from appellate review by statute, the Alternative Procedure for Dispute Resolution Act (APDRA). This decision is an important read for anyone with an arbitration clause in his or her marital settlement agreement.
In New Jersey, each litigant in a divorce must complete a Case Information Statement, (commonly referred to as a CIS) and file it with the court. The Case Information Statements are arguably the most important documents in an entire divorce so, though time consuming and tedious, it is important that divorcing parties fully understand what it requires.
In 2014, the New Jersey State Legislature amended the alimony statute, N.J.S.A 2A:34-23, which better addressed the issue of cohabitation. The amended statute now states as follows:
Alimony may be suspended or terminated if the payee cohabits with another person. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.
When assessing whether cohabitation is occurring, the court shall consider the following:
The New Jersey Supreme Court has shed light on the limited circumstances in which principles of equity may supplant the equitable distribution statute for purposes of dividing a spouse’s bonus for work performed before and during the marriage.
In a recently published Appellate decision, a court considered this question. In Slawinski v. Nicholas, the court set forth the appropriate standard for reviewing a motion to modify a Consent Order granting grandparent visitation and which party has the burden of proof.