In Eustaquio v. Zong, the Appellate Division affirmed the Family Part judge’s denial of the mother’s requests for reconsideration on several issues, which included changing the child’s last name to her last name....
A new study by the Lawrence Berkeley National Laboratory reveals that vapor from e-cigarettes contains 31 different chemicals, many of which are possible or probable carcinogens. Scientists found...
In Knox v. Knox, the Appellate Division affirmed three different Family Part orders: (1) a June 30, 2014, order reducing the husband’s alimony obligation by $300 per month for 3 years while the wife cohabited; (2) an...
Under Rule 4:50-1, the court may relieve a party from a final judgment for reasons that include mistake, inadvertence, surprise, excusable neglect, fraud, and misrepresentation. Rule 4:50-2 further provides that a...
Cost-of-Living Adjustment
Jul 15, 2016
New Jersey Court Rule 5:6B provides for a general cost-of-living adjustment for child support obligations every other year. The adjustment is based on the average change in the Consumer Price Index for the...
In Quainoo v. Antwi, the Appellate Division affirmed a family judge’s decision not to enforce a 2011 order that mandated that the father to pick up the former couples’ three minor children from school. At the...
The Prevention of Domestic Violence Act (PDVA) provides that a final restraining order (FRO) may be dissolved or modified upon a showing of good cause. Keeping in mind the ultimate goal of protecting the victim, courts...
Termination of Permanent Alimony
Jul 06, 2016
Alimony is “an economic right that arises out of the marital relationship and provides the dependent spouse with ‘a level of support and standard of living generally commensurate with the quality of economic life that...
The Law Against Discrimination (LAD) prohibits employers from implementing employment conditions that have no connection with an employee’s job responsibilities. Under the LAD, it is unlawful for an employer “to...
Under the Prevention of Domestic Violence Act (PDVA), a victim seeking a Final Restraining Order (FRO) must show by a preponderance of the credible evidence that: (1) the defendant committed one of the predicate acts set...
K.L. v. D.L., the Appellate Division vacated the trial court’s decision to deny the father, K.L., overnight visitation with the parties’ daughter. The Appellate Division concluded that it was a mistake to base...
In Arrowood v. DiBenedetto, the Appellate Division affirmed the trial court’s denial of Ms. DiBenedetto’s motion to terminate Mr. Arrowood’s overnight visits with their daughter. Ms. DiBenedetto based her...
To get a Final Restraining Order (FRO) under the Prevention of Domestic Violence Act, a plaintiff must establish two key elements by a preponderance of the evidence: (1) that the defendant committed one of 18 predicate...
No Reimbursement for Over Paymenty of Child Support
Jun 23, 2016
In Schmidt v. Breda, the Appellate Division upheld the trial court’s denial of reimbursement for the over payment of child support in the sum of $4,512. Due to a clerical error in calculating the appropriate...
A Paterson, New Jersey doctor named Alex Sarkodie, M.D. has surrendered his medical license and closed his practice pending a sexual abuse hearing before the New Jersey Board of Medical Examiners. Last month, acting...
Sufficient Financial Documentation is Required for a Prima Facie Showing of Changed Circumstances
Jun 20, 2016
Under N.J.S.A. 2A:34-23, the party seeking modification of alimony must first establish a prima facie showing of changed circumstances. In addition, that party must fully disclose his or her financial...
Restraining Order Filed Against Johnny Depp
Jun 03, 2016
On May 23, after only 15 months of marriage, actress Amber Heard filed for divorce from Johnny Depp on the grounds of irreconcilable differences. Despite the short duration of the marriage, according to Vanity Fair,...
Must Show Prima Facie Before Dismissing an FRO
Jun 02, 2016
When a litigant seeks to dismiss a final restraining order (FRO) entered against him or her, he or she must make a prima facie showing that good cause exists based upon a substantial circumstances since its entry. ...
Lead Poisoning
Jun 01, 2016
Lead is known to severely impact a child and their development. Recently in Newark, New Jersey, there have been higher levels of lead in some of Newark’s schools. It is unclear how long the kids in these schools...
Failure to Produce Discovery
Jun 01, 2016
Rule 4:23-5 describes a two-step process regarding applications to dismiss a party’s pleadings for failure to produce discovery. The first step allows for a dismissal without prejudice, such as seen...