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
Recent Blog Posts
- Misunderstanding Between Lawyer and Expert Results in Breach of Contract and Unused Report Experts and their reports can be an expensive, but necessary, element to many types of cases. This is particularly true in divorce cases, whether they are personal or business divorces. In all cases, it is incumbent on the attorney, client, and expert to all have the same understanding of the scope of the work and expectations on expense. Sometimes, it is not possible to absolutely predict how much litigation will cost or account for every variable or obstacle to a... More
- Big Divorce Change: First Draft of House Tax Reform Bill Any American with a pulse knows that 2017 was to be the first overhaul of U.S. Tax Law since 1986. Until this week, what was circulating through Washington was an 18 page executive summary. That changed yesterday when the House Republican Tax Policy Committee circulated a draft bill that specified exactly what changes were being proposed. The draft bill summary merits some review because parts of it will affect most of us. But the divorce bar was shocked to see that... More
- Domestic Violence: A Report From The Data October is Domestic Violence Awareness month. And, earlier this month the Administrative Office of the Pennsylvania Court (“AOPC”) issued its summary of statistics related to this form of action. A note of history is in order. Pennsylvania did not formally define “abuse” or provide a remedy for its commission until 1990. Before that date, the only mechanism available to address it was in the criminal system, typically as an assault. The statute has been amended several times and, at this writing,... More
- TRIGGER VS. DOUBLE TRIGGER: What a Cowboy Needs to Know About Golden Parachutes This is actually about executive compensation. Not just any executive but senior, senior executives. If you have not noticed, we live in a brave new world where many public companies are seeing large blocks of their stock being acquired by private equity companies like Blackstone, Carlyle Group, KKR or Bain Capital. To discourage these often hostile takeovers, many businesses have developed plans to make the takeover financially unattractive. The one we have observed in recent years that should be evaluated in... More
- Don’t Confuse Your Joy With Your Kid’s The holidays are not upon us but they are not far away either. If you are separated and your holiday plans for sharing custody are not, “set” it is well-nigh time to begin the discussion because November is not a good time to start Thanksgiving discussions and December is going to follow immediately. If this has been your “separation” year for good or for bad, you need to understand that when it comes to old holiday traditions, all bets may be... More
- This Agreement to Arbitrate Will Self-Destruct in 3…2…1… Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family law disputes. Although an arbitration may be conducted with all the formalities of a trial, usually parties can agree to dispense with certain formalities, some of which can be costly for the parties. Arbitration takes a trial out of the sometimes messy court system, usually guarantees a decision will be... More
- Can Divorcing Families Afford The “Sporting Life?” The September 7 issue of TIME Magazine features our obsession with childhood sports. The statistics tell the story. In 2005, school age children played sports at a combined cost of about $8 billion per annum. Today that number is about $15 billion, almost double. And, during this same period there was no increase in the population of American children. About 73 million, then and now. So, how about household income over the same period? Nominally, it went from an average... More
- Observations On Mediation There is a world of information on the internet. That includes a huge number of websites professing to advise you about divorce. And among the topics often discussed on these sites is mediation. Not a week passes without at least one client asking whether they should mediate one or more issues arising from separation and divorce. Mediation is non-binding negotiation without lawyers. What could be better? Get the job done without the expense of the lawyers. So, it naturally follows that... More
- Where Should Custody and Parenting Issues Be Decided? Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply more convenient for purposes of introducing evidence at a trial or merely having all parties be present in court. In my practice, I have seen this issue come up more and more. With our increasing mobility, the questions of where... More
- Right Against Self-Incrimination Preserved for Parents in Cases Involving Child Sexual Abuse Thankfully, sexual abuse allegations against parents do not often arise in the context of a divorce typical. However, when those scenarios do arise, they bring lawyers, litigants and judges alike in to unchartered territory where they sometimes have to sift through various accounts to get at the truth of the matter. Twenty years ago, the Appellate Division succinctly described the dilemma Courts often face when dealing with sexual abuse allegations: This case is an example of a tragic but recurring dilemma in certain... More
- You Can’t Disregard the Partnership Agreement When Valuing a Business In 2014, I authored a post on this blog entitled Stern Revisited – Using the Shareholder Agreement to Determine Value. I noted then that it seemed that after the Appellate Division’s decision in Brown v. Brown which changed the landscape by doing away with discounts and essentially ushered in more of a value to the holder construct, that the consideration of an agreement was dead. Rather, a myopic view of methodologies focused on income seemed to be the norm – disregarding all else. This was the... More
- SUPREME COURT OF NEW JERSEY DEPARTS FROM STANDARD UTILIZED IN RELOCATION CASES In what seemed like an eventual, but no less dramatic change in family law jurisprudence, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established two-part test used in determining whether a primary custodian should be permitted to relocate interstate with an unemancipated child and, in connection therewith, the primary custodian’s presumptive right to relocate. In so doing, it noted a “special justification” in returning to the “best interests” of the child standard applied before Baures: We affirm... More
- Is Football Destined To Become A Legal Custody Football? In most cases, there isn’t much to write on the subject of legal custody. In Pennsylvania, it is the right to make decisions affecting the child’s welfare; in contrast to physical custody which is where kids spend their time. It rarely comes up except when couples fight over school placements or foreign travel to “unsafe” places. Under a long-standing Pennsylvania Supreme Court decision, Zummo v. Zummo, courts stay out of questions concerning religious worship unless the worship involves venomous snakes... More
- Hedging Bets on Social Security If you have been reading the news lately, we have seen lots of electronic ink spilled over entitlement programs, especially Medicaid and its role in health care reform. Meanwhile, the report of the Trustees of the Social Security Fund issued a grim report earlier this month about the viability of the program upon which almost every American relies as an important piece of retirement income. The short-term news is good. The Trustees see surpluses in the accounts (income exceeding benefit payments)... More
- The Examination Of A Child In A Protection From Abuse Hearing Governor John Carney recently signed House Bill 141 into law. The Bill amends Section 1042 of Title 10 of the Delaware Code regarding protection from abuse proceedings by creating a new subsection (f). This subsection permits the Family Court to interview a child outside of the presence of the parties. Specifically, the Bill provides: 1042. Commencement of action; procedure. (f) The Court may examine a child outside the presence of the parties for the purpose of obtaining the child’s testimony and ascertaining the truth of a matter asserted... More