We are proud to offer a selection of blogs covering different geographies and areas of the law. Please see below for a brief description of each, or jump to our recent posts.
New Jersey Family Law Blog
Fox Rothschild's New Jersey Family Legal 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 advisors whose clients may encounter family law issues.
View the New Jersey Family Law Blog
Pennsylvania Family Law Blog
The Pennsylvania Family Law Blog provides readers with information on and insight into Pennsylvania Family Law issues, including divorce, equitable distribution, alimony, child support, spousal support, alimony pendente lite, and custody.
View the Pennsylvania Family Law Blog
Delaware Family Law & Trial Practice Blog
Our Wilmington litigators navigate through Delaware’s Family Court, Superior Court and Court of Common Pleas, providing analysis on matters, identifying new cases and developments, detailing the implications of court decisions and offering step-by-step commentary of the trial process.
View the Delaware Family Law & Trial Practice Blog
Recent Blog Posts
- Let’s (Not) Make a Deal While we do not typically blog on cases outside of the family court, a recent law division case examined the child support lien statute, N.J.S.A. 2A:56.23b and its impact on settling a personal injury case and on settlements in general. The statute requires that a child support judgment search be performed to determine if a plaintiff in a given lawsuit has an outstanding child support obligation. If he or she does, then the statute requires that any “net proceeds of a... More
- Fail To Comply With Discovery At Your Own Risk The recent decision in the case captioned R.S. v. W.E., Del Fam. Ct., No. CN10-05981, Kerr, J. (Jan. 4, 2017), warns Family Court litigants that failure to comply with discovery can have consequences. In this case, R.S. (“Wife”) was seeking (among other things) alimony. Leading up to the hearing date her ex-husband, W.E. (“Husband”) issued discovery asking for the production of documents. Husband asked for documents related to her income. In addition, he asked for an updated list of her... More
- Pet Custody – Will It Be The New Trend? There is no dispute; going through a divorce can be difficult. For some, coming home to a wagging tail is just what the doctor ordered on those stressful days. What happens to your pet in a divorce? As a prior post explained, pets are considered personal property in Delaware. If the owners cannot agree on what to do, the court can award the family pet to one party or the other. Recognizing that pets are more like family members than furniture for many,... More
- The Custody Case Where Everything Went Wrong. Last Fall brought us a decision from the Supreme Court of Pennsylvania holding that a grandparent did not have standing to terminate a Father’s parental rights incident to an adoption. Last week brought us a Superior Court case in which the appeal comes from a Mother and her own Father in a custody case involving a 12-year-old child. Mother had a girlfriend. To show the seriousness of their commitment, Mother and Girlfriend decided they would adopt each other’s children. The family... More
- When You Sue Your Parents to Pay for College, You May Be Emancipated In a new published (precedential) decision, Ricci v. Ricci, the Appellate Division addressed an adult child’s (an oxymoron, I know) request for her divorced parents to contribute to her college education expenses. Going back to basics, the Appellate Division reminded us that – before any determination about a divorced parent’s obligation to contribute to college education expenses can be made – a threshold question must be answered, namely: Is the child emancipated? The Facts The pertinent facts are as follows: Maura and Michael Ricci divorced... More
- Projecting Returns When Crafting A Divorce Settlement Ours is an age where hyperbole has not only become accepted, it is almost universally embraced as a part of American culture, and among the chief advocates of hype is the financial service sector of our economy. We lived throughout the 1980s, 1990s and early 2000s in an age when one could not open a newspaper or magazine without reading the amazing returns on investment that could be achieved by investing with this fund or that. In 2008, when the... More
- Supreme Court of New Jersey Addresses Equitable Claims and Remedies (while reinforcing a potential palimony loophole through the proverbial “black hole”) What rights do people have to an equitable distribution of assets stemming from a period prior to the marriage itself? If there is no right to equitable distribution under those circumstances, then what rights exist and what remedies can be implemented to protect those rights? In Thieme v. Aucoin-Thieme, a post-Judgment dispute involving several interesting issues including the equitable distribution of marital assets, distribution of assets pursuant to equitable principles stemming from a pre-marital cohabitation period, and the remedy of... More
- Take Me Out to the Ball Game, Take Me Out to the Crowd…Unless the Crowd Consists of a Parent Chastising a Coach over a Little League Baseball Game. Growing up, my siblings and I all played sports. My brother and I were basketball players and my sister was, in no uncertain terms, a track star. Playing sports was a lifestyle in our family, and no one took it more seriously than my father himself, a former basketball player and my toughest coach. My dad was not only an extremely skillful basketball player, but he was a great teacher and I valued all the time he spent with me... More
- A PUBLIC SERVICE ANNOUNCEMENT ABOUT RETAINING YOUR DIVORCE LAWYER As a matrimonial litigant, you never want to feel that your lawyer does not know how best to take you through the divorce or post-divorce process. After spending substantial sums of money on an advocate to aid you through a difficult and emotional process, let’s just say that “the blind leading the blind” is not the vibe that you want to be left walking away with. Unfortunately, however, it happens way too often and I cannot tell you how many times... More
- The UTMA Quagmire It was the Uniform Gift to Minors Act. Then it became the Uniform Transfer to Minors Act. The goal was the same. To permit parents to set aside money for their children until they attained their majority or to use it for their benefit along the way. A rainy day or a college fund for kids. Seems like a good idea. Ah, necessity is the mother of invention and the road to hell is paved with good intentions. The last time... More
- Where Stated Goal Is Marriage, Adoption May Be Revoked Just days before a separate panel of the Superior Court held that Pennsylvania courts may assume jurisdiction to dissolve civil unions, Judges Gantman, Bender and Panella issued a published opinion, In re Adoption of R.A.B., Jr., holding that an adult adoption consummated in July, 2012 could be annulled or revoked. 2016 Pa. Super. 295. The opinion was published on December 21, 2016. In April 2012, 76-year-old Roland Bosee petitioned the Allegheny County Orphans’ Court to permit him to adopt his 40+... More
- Don’t Be a Jerk – And Don’t Ask Me To Be One for You. I am not generally one to make resolutions at the New Year. Most of them would involve eating, and I have a sweet tooth, so I am destined to fail. That being said, I do try to make some improvements to my work life each January and in addition to cleaning my desk, they include giving my clients some resolutions they should think about. Copyright: underverse / 123RF Stock Photo Number 1. Don’t be a jerk. Your dissolution/custody/post-judgment matter has enough difficult... More
- The New Year’s Resolution Of Divorce As 2017 draws near many people start to consider their resolutions, promises to themselves, of things they want to accomplish in the next 12 months. Eric Solotoff, a Partner in our Roseland, New Jersey office recently authored an interesting post entitled “The New Year’s Resolution Divorce.” The topic, which seems to resonate with readers, examines the phenomenon of spouses who add filing for divorce to their “to do” list for the new year. ************************** Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP. Leslie practices in Fox... More
- Look Under The Tree And There’s A Family Law Case Involving Evidence Not terribly exciting but evidence rulings are hard to find and ones where a family law ruling is reversed based on evidence used by the trial judge are especially rare. Johnson v. Johnson 2016 Pa. Super. 294 is a published panel decision where the issue was whether Father needed to continue to support an adult child. The law in this area is made murky by the statute (adults “may be liable” for continuing support: 23 Pa.C.S. 4321(3)) but clarified by the... More
- Superior Court: Civil Unions Can Be Dissolved in Family Courts In what some may construe as an effort by the Pennsylvania Superior Court to salvage something positive out of 2016, an Opinion was issued today which effectively opens Pennsylvania’s family courts to dissolve out-of-state civil unions The matter of Neyman v. Buckley (No. 2203 EDA 2015) arose out of Philadelphia County. The parties were attempting to have their 2002 Vermont civil union dissolved in the Philadelphia Family Court. The trial court, however, dismissed the divorce complaint related to the civil union on... More