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Settlement Agreement on College Contributions

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Catabran v. Catabran, was decided on June 16, 2016.  The appellate court affirmed the Morris County Family Part opinion that the parties settlement agreement to share the children’s college costs equally is enforceable.  The case evolved from an issue arising post divorce (known as post-judgment dissolution matter).  The parties settlement agreement stated clearly that the “net college cost will be split equally by both parties.”  The appellate court held that absent changed circumstances, where parents’

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The Pros and Cons of Prenuptial Agreements

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What is a Prenuptial Agreement?

A prenuptial agreement is a written contract between two people who are about to marry. It sets out the terms of possession of assets, management of future earnings, and control or division of property of each person if the marriage should be later dissolved. Prenuptial agreements are often used in the case of divorce, however, they are also helpful when one spouse dies. They can help resolve issues regarding property and distribution of marital assets.

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Taking Control Through Divorce Mediation

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Control Your Future through Divorce Mediation

Divorce feels like you have lost total control because the divorce process and your future are unknown.  Mediation helps reduce the loss of control.  A good mediator will guide you through the process and give you options.  However, mediation may not be proper in every case.  A good mediator should be able to determine whether divorce mediation is appropriate.

How does Divorce Mediation give you Control?

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Grandparent Visitation Rights in NJ

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Grandparent Visitation NJ Statute

On January 12, 2016 in Major v. Maguire, the NJ Supreme Court addressed a case regarding the Grandparent visitation rights in NJ. N.J.S.A. 9:2-7.1. The plaintiffs, represented by counsel, commenced an action under the statue alleging their involvement in their granddaughter’s life from birth and contended that their alienation from the child would cause her harm.

The defendant, represented by counsel argued that the plaintiffs had failed to establish a prima facie showing of harm to the child in the absence of visitation,

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Recent Case Law on Unpaid Child Support in New Jersey

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Decided on January 13, 2016, both parties being represented by counsel, in Matison v. Lisnyansky, the court imposed the legal doctrine of fugitive disentitlement to dismiss defendant’s appeal while a bench warrant for unpaid child support. The legal doctrine of fugitive disentitlement is the balancing of justice, that is, a fugitive from justice may not seek relief from the judicial system whose authority he or she evades.

The parties in Matison v.

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Alimony Waiver for Failure to Enforce

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Payee may cause alimony waiver for failure to request enforcement.

A recent case decided on January 11, 2016, Lazar v. Lazar, dealt with the issue of possible alimony waiver for failure to enforce the provisions of the parties martial settlement agreement.  On appeal from Bergen County, both parties represented by counsel, the plaintiff appealed an order denying his motion to enforce the provisions of the final judgment of divorce, requiring defendant to pay past due alimony totaling $126,000.

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Parents’ College Contribution in NJ

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NJ-Parents-College-Contributions

Parents’ college contribution in NJ

Recently on December 30, 2015, the Appellate Court in Laurel v. Dixon reversed and remanded to Union County trial court for a plenary hearing to undertake the separate and discreet analysis of defendant’s financial capability to make college contribution and, if so, in what amount.  The Plaintiff, represented by counsel and defendant unrepresented appealed a June 24, 2014 order that denied her motion to compel defendant to: make a $5000 lump sum payment toward child support arrears;

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How Divorce Affects Children

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The Affects of Divorce on Children

When considering a divorce, the first thing that might pop into your mind is divorce affects children. Keeping children happy and healthy is a parental instinct. Often times parents’ view divorce as something that will have a severely negative affect on this happiness and emotional health. Many of us know or have heard countless stories of couples who “stayed together for the kids,” or delayed divorce until they reached adulthood.

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COMPREHENSIVE LOOK AT A PARENTING PLAN

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parenting plan

A parenting plan is undoubtedly one of the most emotional parts of working toward a full Marital Settlement Agreement. Many parents may fear that their time will be unfairly restricted. Knowing what to expect before beginning to develop a plan will ease stress and help lead to a fair agreement that is in the best interest of the children and fair to each parent.

TYPE OF CUSTODY AND REASON FOR SELECTION

The first major decision to be made when entering into a parenting plan is the type of custody.

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UNCONTESTED DIVORCE HEARING IN NJ

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For those going through or considering divorce the stress of litigation and court dates can weigh heavy on the mind; however, only 2% t0 3% of cases do not settle out of court and half of these settle either before or at trial. Once settled the other 97% to 98% of divorce cases end with a uncontested divorce hearing in NJ. Although the judge and attorneys (in litigated divorce) will be present, the process is relatively short and stress free.

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