Michael Resnick | Attorney at Law | Articles

Application of Child Support Guidelines and its Deviation

mresnick — Thu, 17 May 2012 15:13:36 +0000

This case represents another well thought analytical opinion written by Judge Jones who is assigned to the Family Part-Ocean County. The novel issue before the court was where parties initially consent to an above-guideline level of child support in their settlement agreement and there are post-divorce changed circumstances warranting a support review, do the child support guidelines apply? Judge Jones determined the guidelines initially apply. However the court may look above the guidelines applying equitable factors including the parties decision to deviate from the guidelines. Musico v. Musico, N.J. Super. (Ch. Div. 2012); New Jersey Ch. Div., May 11, 2012

Court’s Equitable Power to Disregard Attorney Fee Charging Lien

mresnick — Thu, 17 May 2012 15:08:30 +0000

The Appellate Division affirmed the trial court’s determination to use most of the funds available for equitable distribution to set up a college fund for the children even though it meant the charging lien imposed by the parties’ former attorneys would be disregarded and the lawyers might not get paid the full fee due under the lien Sauro v. Sauro and Budd Larner. P.C., N.J. Super. (App. Div. 2012); New Jersey App. Div., May 14, 2012

Parental Obligation to Contribute Toward Private School Education

mresnick — Wed, 16 May 2012 11:07:42 +0000

The Appellate Division reversed the trial court determination regarding the payment of private school expenses because there was no written agreement between the parties a hearing was required. Stone v. Stone, Jr., New Jersey App. Div., May 7, 2012

Entitlement to Claim Child as a Dependency Exemption

mresnick — Wed, 16 May 2012 10:58:40 +0000

This case represents an excellent discussion by the tax court upholding a party’s right to claim a child as a dependency tax exemption under §152 of the Internal Revenue Code where the parties in their Property Settlement Agreement stipulated the former husband’s right to do so as long as he was current with his child support obligation and the former wife refused to sign Form 8332. Gary Scalone and Sandra Vieira Scalone v. Commissioner of Internal Revenue, Unites States Tax Court, May 2, 2012

Palimony Claim Barred By Virtue of Amendment to Statute of Frauds

mresnick — Wed, 16 May 2012 10:32:54 +0000

Where the parties’ relationship predates the amendment to N.J.S.A. 25:1-5(h) (statute of frauds) requiring an enforceable palimony claim to be in writing and the case is filed thereafter the trial court granted the application to dismiss the action. Cavalli v. Arena, N.J. Super. (Ch. Div. 2012); New Jersey Ch. Div., May 1, 2012

Parental Alienation

mresnick — Wed, 16 May 2012 10:29:31 +0000

In this high conflict post judgment proceeding, when a parent accuses the other of parental alienation it is not unusual to have more than one mental health professional and more than one parenting coordinator involved in the esnuing litigation. Lane v. Lane, Jr., New Jersey App. Div., April 16, 2012

Anti-Lepis Provision in Property Settlement Agreement

mresnick — Wed, 16 May 2012 10:25:51 +0000

Although New Jersey law permits alimony to be modified after the divorce the Appellate Division upheld the trial court’s determination enforcing a “no modification” provision contained in the Property Settlement Agreement mutually waiving alimony. Gallagher v. Gallagher, New Jersey App. Div., April 19, 2012

Child Support Award and Non-Income Producing Assets

mresnick — Wed, 11 Apr 2012 19:45:52 +0000

This case represents a good illustration that the child support guidelines excluding “non-income producing assets” from income determination for child support purposes. Lizak v. Lizak, New Jersey App. Div., April 2, 2012

Retroactive Reduction of Child Support

mresnick — Wed, 11 Apr 2012 19:42:51 +0000

The Appellate Division affirmed the trial court’s determination granting the father’s request to reduce his child support obligation however found the judge erred not allowing full retroactivity pursuant to N.J.S.A. 2A:17-56.23a back to the original motion filing date translating to a credit to the father in the sum of $20,000. Vaughan v. Vaughan, New Jersey App. Div., April 4, 2012

Post Judgment Request to Modify/Terminate Alimony

mresnick — Fri, 06 Apr 2012 15:18:04 +0000

The Appellate Division affirmed the trial court’s determination to deny the former husband’s request to terminate/downward modify his alimony obligation based on the “anti-Lepis” clause contained in the parties’ settlement agreement negotiated in consideration of the former wife waiving her interest in the former husband’s pension. Walkup v. Walkup, New Jersey App. Div., March 29, 2012