NJ Family Legal Blog

http://njfamilylaw.foxrothschild.com/

Jessica 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 advisors whose clients may encounter family law issues.

Recent Blog Posts

  • 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
  • Could Service of Process Via Facebook Be the Way of the Future? Ah, technology.  In this modern world, we navigate the roads on our phones instead of a map.  We talk to a cylindrical tube to tell it to order more toilet paper for us, tell us the weather, read us the news, or turn on the lights.  We don’t remember anyone’s phone number because they are all stored for us on our phones.  And we obtain personal jurisdiction over an out-of-state defendant via Facebook.   The legal world is, perhaps, notorious for its... More
  • 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
  • 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
  • Do Parents Have an Obligation to Pay for Grad School? One New Jersey Trial Court Says, “It depends” Under Current Law and the Newly Enacted Statute More and more, when discussing the payment of college education expenses with clients for their children, I am being asked, “What about graduate school?”  The guiding principal behind that question, I suppose, is that, in New Jersey, it is well-settled that absent extenuating circumstances, both parties to a divorce have an obligation to financially provide for their children’s college educations.  By that logic, if a child seeks an advanced degree, don’t both parties have an obligation to financially contribute to... More
  • New Jersey Superior Court Opines on a Child’s “Giftedness” in Published Child Support Ruling Many parents want to believe their children are “gifted,” but do they know that this “giftedness” may increase their child support obligations? Judge Jones’ new published (precedential) opinion, P.S. v. J.S. highlighted the distinction between a regular old “extra-curricular activity” and the pursuits of a “gifted” child, reaffirming that, where a child is “gifted,” the Court may deviate from the Child Support Guidelines to award supplementary child support in order to foster that child’s talents and providing some guidance on how the Court might... More
  • New Jersey Appellate Division Issues Decision Clarifying Second Prong of Silver Test The standard for entry of a Final Restraining Order (FRO) under the NJ Prevention of Domestic Violence has been long established by the Courts (and discussed many times on this blog); under the seminal case Silver v. Silver, in order to obtain an FRO, the plaintiff must have a qualifying relationship with the defendant, and also has the burden to establish that: The defendant committed one or more of the predicate acts of domestic violence identified in the Prevention of Domestic... More
  • The Supreme Court Finds a Right to Counsel for Indigent Parents Opposing Private Adoptions In the recent decision In the Matter of the Adoption of a Child by J.E.V. and D.G.V., the New Jersey Supreme Court unanimously held that: [A]n indigent parent who faces termination of parental rights in a contested private adoption proceeding has a right to appointed counsel.  A poor parent who seeks to protect the fundamental right to raise a child, at a contested hearing under the Adoption Act, is entitled to counsel under the due process guarantee of the New Jersey Constitution. In... More
  • The Interplay Between Personal Firearm Forfeiture and Domestic Violence Proceedings Gets Some Clarification from the NJ Supreme Court Recently, the New Jersey Supreme Court provided some important clarification with regard to the issue of firearm forfeiture in the wake of an arrest and firearm seizure pursuant to the New Jersey Prevention of Domestic Violence Act (NJPDVA), N.J.S.A. 2C:25-17 to 35.  In In the Matter of the Application of New Jersey for the Forfeiture of Personal Weapons and Firearms Identification Card Belonging to F.M., the Supreme Court squarely addressed the following important question:  Under what circumstances can a personal firearm and firearms purchaser identification... More
  • When it Comes to Enforcement, Act NOW Not Later A recent unpublished decision, Strunck v. Figueroa, serves as a not-so-gentle reminder that sometimes an enforcement application can be “too little, too late,” and that it is imperative to be proactive to protect your rights under a divorce decree or agreement, especially when your adversary acts in bad faith.  In Strunck, a 2011 divorce decree awarded the plaintiff $23,369, which was to be transferred from the defendant’s retirement account.  Before the plaintiff could act to collect the $23,369, however, the defendant withdrew the... More