NJ Family Legal Blog

Eliana regularly contributes to the New Jersey Family Legal Blog. This blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisers whose clients may encounter family law issues.

Recent Blog Posts

  • Judge Jones Weighs In on Pendente Lite Alimony Under the Amended Statute: The Case of Malik v. Malik You have one household barely scraping by. You have two incomes, but the bills still pile up. From month to month, you pinch pennies, cut coupons and budget.  Now take that household, double the expenses, and cut the income in half. Good luck. This situation is something that millions of people face each day. One spouse leaves the residence, seeks a divorce and *surprise* you also need to help support his/her living expenses during the pendency of the matter. But how are you... More
  • Judge Jones Provides Some New Clarity Just Ahead of the NJ Emancipation Statute Signed into law on January 19, 2016, New Jersey’s emancipation law is set to take effect on February 1, 2017 and will apply to all child support orders issued prior to or after its effective date. One of the highlights of the new law is that it will dramatically impact when and how child support orders will terminate. Specifically, it provides that unless otherwise indicated in a court order or judgment, the obligation to pay child support shall terminate without order... More
  • Exacting Revenge On Your Ex May Not Be So Sweet After All Cersei Lannister may seem like she has it all: unbridled brutality, a mountain of a protector, disfavor in the Realm and a growing list of enemies she’s collected along the way. After all, she’s just destroyed her enemies in one fell swoop as she blew up the Great Sept of Baelor. Although Cersei seemed to have finally served her sweet revenge, she comes to discover that bittersweet aftertaste that just won’t quit. Cersei soon found out that the fleeting rush she... More
  • Champagne Taste on a Beer Budget: How One Judge Determined Alimony for an Overspending Couple I’m not usually one to place a lot of stock in celebrity gossip, but I couldn’t help but take notice of the fact that it has been rumored that Amber Heard’s monthly income is $10,000, yet she spends $44,000 a month on shopping, dining out and vacations. Her ask for spousal support: $50,000 per month, based upon the parties’ marital lifestyle. 45351836 – champagne bottle in ice bucket and two full glasses realistic vector illustration Amber Heard may not be only one... More
  • Can the Parent-Child Bond be Restored After Alienation? It’s a tale as old as time. Divorced parents bash each other in hopes of garnering favor with their child during a divorce or custody dispute. At some point the child, becomes so exposed to the bashing, blame and ill-will from one parent toward another that the child becomes disenchanted with the other parent; the relationship begins to break down, sometimes, irreparably. 25487205 – unhappy family and child custody battle concept sketched on sticky note paper This strategy is known as parental... More
  • Watch Out: Judges Start Getting Creative with Non-Complying Litigants and Obstructers If I’ve heard it once, I’ve heard it a million times: “why don’t judges enforce their own orders or take hard lines against obstructers?” Many times, litigants feel powerless. Powerless to change anything; powerless to have courts take a firm position in favor of those aggrieved; and, powerless to be heard. Clients and attorneys alike feel this frustration. This is despite the fact that there are specific rules in New Jersey that apply to non-compliance in the family part. Rule 5:3-7... More
  • How New Jersey’s New Emancipation Statute May Affect Graduate School Contribution With summer just beginning, many people have visions of swimming pools, beaches and family vacations. Others in New Jersey have visions of Sallie Mae, tuition bills and book fees. After four years of what has become obligatory college contribution pursuant to the mandates of Newburgh v. Arrigo, many parents in the state are then faced with the daunting possibility of an additional 3-4 (maybe more?) years of opening their wallets and contribute toward the cost of graduate school; sometimes for their... More
  • One Family, One Judge? Perhaps Not in the Context of an Act of Domestic Violence We’ve all heard the maxim “One Family, One Judge” in the context of matrimonial matters. The underlying premise is that one judge in the Family Part should hear the entire case because that judge is intimately familiar with the facts of the case, has observed the parties and their demeanors and perhaps has made credibility findings. One case even described this practice as a “matter of common sense.” However, the situation becomes a little bit more murky in the context of... More
  • War of the Resolutions: A Cautionary Tale Yesterday, Eric Solotoff blogged about the phenomenon of the New Years Resolution Divorce.  It happens.  I encourage you to read that post prior to the one below because it provides some useful background on the issue: It’s the New Year. A time filled with resolutions, promises to change, and commitments to begin anew.  Your marriage is no exception.  You’re fed up – the affairs, the reckless spending or the mistreatment. You’ve determined that this is your year to finally take the... More
  • Proper Admission of Cell Phone Evidence: Judge Jones Weighs In Accordingly to a Pew Internet Project research study, as of 2014: 90% of American adults own a cell phone 32% of American adults own an e-reader 42% of American adults own a tablet computer 64% of American adults own a smartphone As with all advances in technology however, we take the good with the bad.  For example: The good: You can see cute pictures of your kids every day while you’re at work. The bad: You distract yourself all day with cute pictures of your kids while you’re... More