A two-part test exists to determine when a dependent spouse’s cohabitation constitutes “changed circumstances” warranting a modification or termination of alimony. The obligor must first make a prima facie...
In any determination of whether a Final Restraining Order (“FRO”) should be granted, the Prevention of Domestic Violence Act (“PDVA”) comes into play. Under this Act, a court follows a two-step analysis under Silver...
New Jersey courts will allow a spouse to modify their alimony obligations after a showing of changed circumstances has been made. The seminal case allowing for this modification is Lepis v. Lepis, 83 N.J. 139 (1980), holding...
Courts in New Jersey generally view modification of parenting time as a change in the custody arrangement between the parties. Thus, to successfully modify a custody arrangement, a party...
The use of consensual agreements to resolve marital controversies is particularly favored in divorce matters in New Jersey. Courts generally will not disturb a parties’ right to enter private contracts so...
In every divorce case involving equitable distribution, a court must determine three things: (1) what property and/or assets are eligible for distribution; (2) the value of the eligible property and/or assets;...
Over one-quarter of serious abuse cases in nursing homes go unreported to the police, according to the Office of the Inspector General in the Department of Health and Human Services. The failure to report...
Child support orders may be modified upon a prima facie showing of changed circumstances under Lepis v. Lepis, 83 N.J. 139 (1980). New Jersey courts have recognized (1) increases or decreases of the supporting...
Johnson & Johnson is currently battling nearly 4,800 lawsuits after allegations that its talc-based products cause cancer. One recent California suit resulted in a $417 million award by a California jury. ...
How NJ Courts Interpret and Enforce PSA Upon Divorce
Aug 29, 2017
When parties divorce and enter into a property settlement agreement (“PSA”) based upon mutual consent, if one party later wishes to modify the PSA’s terms, he or she must show changed circumstances if the PSA already...
Manufacturers of any products subject themselves to product liability for what they produce and subsequently sell to the public. Particularly when baby products are at issue, manufacturers need to take extra precautions...
The United States Department of Justice defines domestic violence as a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate...
A number of difficult legal questions arise when parties divorce and one parent wants to relocate with the children to a different state over the other parent’s objection. A parent attempting to...
A party seeking to relocate a child out of the state when both parties share unequal parental obligations has the burden of producing evidence establishing prima facie (1) that there is a good faith reason for the...
When a minor child experiences gender dysphoria and desires to be identified by the opposite gender from their biological gender, parents are left with a tough decision as to whether their child should legally change his or...
When a child becomes emancipated from his or her parents, this means that the parents are no longer obligated to pay financial support. Prior to or during the marriage, parties will often establish in writing at what...
In order to constitute abuse or neglect of a child under New Jersey law, the parent’s conduct must pose an imminent risk of harm to the child at the time of the event that triggered The Division of Child Protection and...
If an individual paying alimony or child support seeks a reduction in his or her obligation, New Jersey law has established a two-step test for deciding whether a modification of alimony is...
Parental rights may be terminated for several reasons, including (1) that the child’s safety or health is endangered by the parental relationship; (2) the parent is unable or unwilling to eliminate the harm facing the...
When Can a Parent Move to Emancipate a Child in NJ?
Jul 06, 2017
When a child becomes emancipated from his or her parents, this means that the parents can no longer make decisions for the child and that the parents are not obligated to pay financial support. The question is often...
