Articles
Reinforcing the Need for a Child to Maintain a Relationship with Parents
This case represents reinforcement to the necessity that parties who are divorced does not deprive the non-primary custodial parent with the right to maintain and sustain a relationship with the child. Statt v. Statt, New Jersey App. Div., February 22, 2012
Child’s Special Needs Merits Tolling Emancipation
This case provides insightful analysis tolling a child’s emancipation when the child has special needs and those needs may interfere with the ability to attend college full-time and extraordinary accommodations may be required. C.W. v. J.F., New Jersey App. Div., February 22, 2012
Trial Court Admonished for Convoluted Procedures
The Appellate Division in a published decision rendered sharp criticism for convoluted protocol and procedure as to the manner and means employed preparing a judgment of divorce. Not only was the judge reversed for failing to provide adequate explanations for her rulings, but on remand the case must be heard by a different judge. Ducey v. Ducey, New Jersey App. Div., February 2, 2012
Plenary Hearing Warranted to Determine Request for Downward Support Modification
Ronald Villone, Jr., is a former major league baseball player. When the parties were divorced in 2004 he was earning in excess of $1 million per year under the terms of his major league baseball contract. In 2010 his major league playing career came to an end. Villone ended up in the minor leagues and was earning $59,000 under the contract. The Appellate Division reversed the trial court’s decision not to order post judgment discovery and schedule a plenary hearing. Villone, Jr. v. Villone, New Jersey App. Div., February 20, 2012
Hearing Warranted Where Alleged PSA Entered Through Coercion
The Appellate Division found former husband was entitled to a hearing on his contention the parties’ marital settlement agreement was procured through coercion and duress on the part of the former wife who was herself an attorney and represented by counsel, whereas he was unrepresented and made various claims regarding his mental incompetency. C.L.H. v. C.B., New Jersey App. Div., February 10, 2012
Downward Modification of Support Obligation
The Appellate Division affirmed the trial court’s finding that the former husband experienced a substantial downward change in his financial circumstances, the change was permanent as opposed to temporary warranting a reduction in support payments. Weiss v. Weiss, New Jersey App. Div., February 10, 2012
Interpretation of a Marital Settlement Agreement
This case provides a good overview of the law when the court is called on to interpret provisions contained in a marital settlement agreement. The Appellate Division offers insight to balancing ambiguities with extrinsic evidence. Maoz v. Maoz, New Jersey App. Div., February 9, 2012
Ability to Pay and College Contribution
Trial court required parent to contribute 28% toward his yougest daughter’s college education. The Appellate Division agreed the parent had a financial obligation to contribute where proofs demonstrated the parent had an active role assisting the child preparing for college such as SATs, applications, selection of schools, etc., but a plenary hearing was warranted to determine the parent’s financial ability to contribute. Sciacca v. Hagarty, New Jersey App. Div., January 18, 2012
Bankruptcy and Equitable Distribution
By denying ownership in the marital home in his bankruptcy case and thereafter taking the opposite position in the divorce proceeding, the husband was attempting to manipulate the legal system to his advantage. Judicial estoppel was warranted. Romano, IV v. Romano, New Jersey App. Div., January 12, 2012
10 Year Limited Durational Alimony Appropriate for 12 1/2 Marriage
Appellate Division affirmed trial court’s determination ordering 10 years of limited duration alimony (LDA) in this 12½ year marriage. Newman v. Newman, New Jersey App. Div., January 12, 2012
