As I New Jersey Divorce Attorney, I have been asked this question more times than I could possibly recall. However, the answer is almost always the same. First, I explain that procedurally we would have to file a post judgment motion to have the matter addressed byNew Jersey Family Court. Then, I explain that before a court will grant a modification to a court order, or final judgment of divorce, the party seeking modification must establish a substantial change in circumstances that renders the enforceability of the original order, agreement, or judgment to be inequitable.
Even since the Rachel Channing case, in which a child sued her parent’s for private school tuition and college, the attorneys at my office have been busy fielding questions from our divorce clients regarding why they are legally compelled to pay for college whereas married people are not. So as I considered my next topic for my next New Jersey Divorce Lawyer Blog, I felt it would be appropriate to discuss the case that established the limited exceptions (in this case, college related expenses) from the general rule that parents are not responsible for their children after they reach the “age of maturity.”
As an experienced divorce attorney I know first-hand just how difficult it is to terminate an alimony obligation. In addition, this lawyer always is sure to always advise clients that they must comply with all court orders generated from a New Jersey Family Court. Specifically, if you are looking to modify or terminate alimony and your attorney is successful in establishing a prima facie case on your behalf, the discovery period will commence, often with certain specific documentation being required. Discovery is a procedure by which litigants can obtain evidence and information from the other party that is essential to a cause of action or lawsuit. Refusing to comply with court ordered discovery could lead to sanctions, like paying the other side’s attorney’s fees. The continued disregard of court ordered discovery could lead to the ultimate sanction of dismissal with prejudice. William Null found this out the hard way, after his motion to reduce his alimony obligation was denied with prejudice because of his blatant and continuous defiance of at least ten court orders for essential discovery.
A difficult aspect of being a New Jersey Divorce Attorney is when children become affected by the demise of the family unit. Even worse is when one or both parents are unable to co-parent during or after their New Jersey divorce or “break up.” At worst, the parents cannot even agree on basic, day-to-day decisions regarding their children. The good news is that in recent years, New Jersey Family lawyers and judges have enjoyed great success by appointing Parenting Coordinator. Let’s explore.
In New Jersey, pursuant to Painter v. Painter, the Supreme Court of New Jersey explained that the period of acquisition for property eligible for equitable distribution terminates upon the date the complaint for divorce is filed. Therefore, the lawyers at my divorce law firm understand that the “filing” of the Complaint of Divorce in the Family Part of the Superior Court of New Jersey is very important, even though the divorce has not yet been concluded.
As a family law attorney, there is no question in my mind that domestic violence cases regarding harassment are often the most difficult for New Jersey Family Part judges to determine if a temporary restraining order should be converted to a final restraining order. The lawyers at my law firm and I just reviewed the recent case of J.S. v. C.H. the New Jersey Appellate Division reviewed a restraining order against a former boyfriend who threatened to post private videos of his ex-girlfriend on the internet. The court found that while a domestic violence crime would justify a restraining order, the boyfriend’s threats did not amount to criminal harassment. Following please find the facts of the case as well as the Court’s logic in coming to a decision.
In New Jersey divorce cases, motion practice is an essential facet of the litigation. As a trial attorney, motions can achieve different goals. First, a motion maybe filed during the case (i.e., pendente lite) in order to seek certain relief from the family court. Examples include, but are not limited to, temporary financial support, temporary custody of a child, or a demand for financial documents that one spouse refuses to disclose.
As a practicing New Jersey divorce attorney, I deal with divorcing couples on a daily basis and the majority of those cases involve children. When a divorce case involves a child, it will inevitably also involve the issue of college and the allocation of responsibility for the costs associated with same. Unfortunately, some relationships between a parent and a child break down to the point where one party may not be in the loop as to the college selection process or the costs associated with the child attendance at a particular school. Often, this leads to a lawyer’s involvement, even when the divorce has been finalized years ago at a New Jersey Family Court. What is a parent’s obligation to contribute towards college in such a situation? Does the child have to take out loans, etc. to help subsidize these costs?
Yes. First, if a judge of the Superior Court of New Jersey finds that both parties voluntarily entered into the consent order, the court shall uphold the order. Second, unless the attorneys in the case can provide new evidence that was accessible to both parties at the time that the that their client signed the consent order, then a motion to vacate the consent order will be denied by a New Jersey family court judge. In a recent New Jersey Appellate Division decision, the Court found that all financial documents that were available in the when the consent order was signed. Following is this lawyer’s take on the case.
When practicing family law here in New Jersey, one of the most fact sensitive areas for an attorney to handle is a child custody case. Very early on during into the case, our lawyers are sure to prepare our clients for the types of questions they shall face not only in a child custody plenary hearing (i.e., trial), but even before the trial begins. Your lawyer should advise you that the first round of questions come in the form of “Child Custody Interrogatories.” If you are potentially facing a child custody dispute here in New Jersey, my experience as a family law attorney dictates that you should familiarize yourself with the following questions so that you are prepared in case you end of in a New Jersey Family Court.