As a child custody lawyer for over twenty years, I am extremely familiar with the practices a judge may engage in during a contested custody case. If a New Jersey Family Court finds that there are several unresolved issues regarding which party will be granted custody of the child, the court will set a hearing date for both parties to plead their cases. In addition to the hearing, pursuant to Rule 5:8-6 a judge may use his or her discretion to conduct an in camera interview with the child. If the court chooses to do so, it must provide the parties’ attorneys the opportunity to submit questions for the court to ask during the interview. Once the interview is finished, the parties can request to have copies of the transcript; however, they are forbidden from talking about the interview with the child without first obtaining permission from the court. The recent case of E.D. v. D.C. further illustrates this rule. [Read more…] about In A New Jersey Child Custody Case, Will The Judge Conduct An Interview With The Children
Archives for 2013
In A N.J. Final Restraining Order, What Is A “Risk Assessment?”
In New Jersey, any lawyer who focuses on domestic violence cases understands that a Final Restraining Order is quite powerful. First and foremost, the defendant is banned from any and all contact with the victim. Furthermore, if a judge of the Superior Court of New Jersey, Family Part, determines that a Final Restraining Order is appropriate, they may then order a Risk Assessment. A risk assessment calculates any possible risks that a child may when they are in the defendant’s custody. Pending the risk assessment, the court may either suspend or order supervised parenting time until the results of the risk assessment are produced to both the court as well as the attorneys. The following case is paramount with respect to the foregoing.
[Read more…] about In A N.J. Final Restraining Order, What Is A “Risk Assessment?”
In A N.J. Divorce, Do I Have A Right To Half Of My Spouse’s Bonus?
Yes, provided that it was earned during the marriage and not after the lawyer for either spouse filed a Complaint for Divorce in the Family Part of the Superior Court of New Jersey. In Theime v. Aucoin-Thieme, wife Bernice appealed an August 4, 2014 Family Part order that awarded her limited equitable distribution from her ex-husband, Michael’s, deferred compensation and the denial of attorney’s fees. The Appellate Division affirmed the Family Part order.
[Read more…] about In A N.J. Divorce, Do I Have A Right To Half Of My Spouse’s Bonus?
If You Enter Into A Consent Order Amending Your Divorce Settlement Agreement, You Cannot Appeal It
Mediation and settlement agreements have slowly become more and more popular in the world of New Jersey family law. In fact, something that I have watched transpire throughout my two decades as a divorce lawyer is that many folks being ordered by a judge of the Family Part, Superior Court of New Jersey, to attend mediation for issues that arise after the divorce has already ben finalized. The mediation typically occurs with your attorney present. [Read more…] about If You Enter Into A Consent Order Amending Your Divorce Settlement Agreement, You Cannot Appeal It
How Do I Know if New Jersey has Jurisdiction Over My Child Custody Case?
In nearly twenty years of practicing divorce and child custody law in New Jersey, this is a question that my law firm is frequently asked. While this is a fairly complex area of the law, I trust the following shall be a helpful and useful explanation. [Read more…] about How Do I Know if New Jersey has Jurisdiction Over My Child Custody Case?
If My Salary Decreases Will My Alimony Automatically Decrease Too?
No. They must first make serious efforts to obtain similar employment. The divorce lawyers at our East Brunswick, New Jersey law firm handle this issue on almost a daily basis. Many times a former or new client comes in for a consultation immediately after they have lost their job. Now with less ability to make the alimony payments, they are hopeful that a judge of the Family Part of the Superior Court of New Jersey shall instantly terminate alimony until a new job is found. However this is not consistent with New Jersey divorce and alimony laws and the attorneys at our law firm explain in great detail what needs to be done. The person who was fired has a clear legal obligation to seek similar employment as to the position they had before they were fired. As a New Jersey Family Court judge will apply strict scrutiny upon any motion to reduce or terminate alimony, we advise our clients to have proof of at least 30-60 similar jobs that they have applied for and were not hired for. Only then will a judge find it to be reasonable for you to ultimately take a lower paying job. The key here is a good faith effort in seeking a similar job with similar pay. The experienced lawyers at our law firm help build our client’s case in order to enhance the likelihood of success. Following please find a case that grapples with this complex issue of N.J. divorce law. [Read more…] about If My Salary Decreases Will My Alimony Automatically Decrease Too?