The marital settlement agreement (MSA) that was incorporated into the judgment of divorce required the wife pay the husband $400 per month in permanent alimony. The MSA further provided that the...
Appellate Division Finds Binding MSA
May 05, 2017
At a mandatory pretrial settlement conference on August 7, 2014, the husband and wife reached a settlement that resolved property and child support issues. The judge did not participate in the...
They divorced in 1979, remarried in 1988, and separated again in 2010. In 2014, the husband filed a divorce complaint, to which the wife failed to respond. On May 13, 2015, the husband filed a...
Over the course of the litigation, the wife retained and discharged 3 different attorneys, and the husband retained and discharged his attorney. The husband owed outstanding fees to his attorney, but the husband...
This is the husband’s third attack on the equitable distribution award. The wife originally received $1,268,819 as her equitable distribution, which was reduced slightly to $1,200,152 on remand from the...
Emancipation Standard in PSA Is Not Dispositive
Apr 28, 2017
The daughter graduated from high school in June 2010 and began community college in September 2010. After 4 years, the daughter graduated from community college with an associate’s degree in May 2014. The month...
However, on June 13, 2012, the Appellate Division reversed the Family Part’s order denying the husband’s motion to emancipate the son. The husband’s motion was based on the son’s alleged completion of 4 years of...
By early 2013, none of the children were emancipated, but the older daughter was primarily financially supported by the husband, as she lived with him in California and attended college in Oregon. The younger daughter...
The MSA provided that the husband and wife would equally split “the coverture value of all forms of retirement accounts acquired during the marriage,” including IRAs, 401ks, and pensions. The MSA further stipulated...
The mother and father divorced when their daughter was 4 years old. The parents shared decision-making responsibility regarding their daughter and both spent ample time with her, but the mother was the parent...
The husband and wife initially attempted economic mediation, which failed. In February 2014, they agreed to participate in the Intensive Settlement Program with a retired judge. After 3 days of negotiations...
The parties’ son was born in 1995 and should have graduated from high school in June 2013. He did well early in his high school career, but eventually began missing classes frequently and receiving poor grades. ...
A Morris County Chancery Court permitted service of process to occur through Facebook, reports the New Jersey Law Journal. The court concluded that using social media was appropriate because traditional methods of service...
When our Founding Fathers set out to create the government of the United States, they were determined to protect American citizens from the danger of unchecked power. The Founders saw firsthand what happened when one...
Heater-cooler devices are very common in cardiothoracic surgeries and other surgical procedures. These devices are used to warm or cool the patient as necessary, which optimizes their care and improves surgical...
A medical tool that was widely used in minimally invasive surgery was on the market for more than 20 years before the Food and Drug Administration (FDA) realized there was a problem. The power morcellator, which shreds...
Pursuant to N.J.S.A. 9:17B-3, a child was presumed to be emancipated when he or she reaches age 18. However, this presumption is not conclusive, and the child is still entitled to parental support if he or she has...
Appellate Division Affirms Equal Custody Arrangement
Feb 21, 2017
The mother and father in Fisher v. Szczyglowski, who are both Navy employees, had a son together in January 2014, after they had been dating for 2 years. The mother works at the Philadelphia naval base and lives in...
The husband and wife in Tomicki v. Tomicki married in 1994, had a daughter together in October 1995, and divorced in 2010. The property settlement agreement (PSA) that was incorporated into their judgment of...
The Alternative Procedure for Dispute Resolution Act (APDRA) generally prohibits appellate review of a trial court’s confirmation of an arbitrator’s decision. Whether the trial court modifies, corrects, or...