NJ Family Legal Blog

New Jersey Family Legal Blog Banner

Eric is the editor and also 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 advisors whose clients may encounter family law issues.

Recent Blog Posts

  • The Futility of Parent Coordination When a Parent Coordinator Won’t Be Decisive I have written many times over the years regarding parent coordination, both during and after the end of the Supreme Court pilot program.  A parent coordinator is a person, sometimes a mental health professional and sometimes a lawyer, that is appointed to assist parties in high conflict custody disputes.  The description and function of a parenting coordinator under the pilot program were as follows: A Parenting Coordinator is a qualified neutral person appointed by the court, or agreed to by the... More
  • Who Has the Burden of Proving the Premarital Value of a Business? We often deal with cases in which one or both spouses own a business.  In many of those cases, a spouse received their interest in a business prior to the marriage, either from a family member, or otherwise.  With regard to premarital assets and/or any other assets that a party claims is exempt, that party must prove that the asset is truly exempt.  The inquiry doesn’t end there.  If the asset is an active asset, like a business, the other... More
  • New Guidance on the Distribution of Deferred Compensation That Vests Post-Complaint The issue of the division of deferred compensation in divorce – more particularly, unvested deferred compensation, is often one that is hotly disputed.  This is in part because there is not a lot of case law on the issue.  The case law is clear that deferred compensation (eg. stock options, restricted stock, RSUs, REUs, etc.) granted during the marriage, or even shortly after the date of complaint but for efforts that occurred during the marriage are subject to equitable distribution.  The... More
  • The New Year’s Resolution Divorce For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that the new year is near, I thought I would share that piece again, updated slightly for the new year. Over the years, I have noted that the... More
  • Don’t Expect Opposing Counsel To Control the Unreasonable Client We have all seen cases where one of the parties is unreasonable if not out of control.  I am not talking about taking a hard of aggressive legal position.  I am not talking about taking an aggressive if not unreasonable settlement position – at least to start.  I am talking about a client that refuses to abide by an agreement or an Order.  I am talking about a client that intentionally misinterprets an agreement or an Order because on this... More
  • Be Prepared For the Storm There has been a lot of talk about the lack of preparedness for last week’s snow storm that left many people stranded in traffic for hours trying to get home.  While many have argued, perhaps rightly, that the storm turned out being much worse the forecast, at the end of the day, as with many other things in life, people focus on the end results.  In fact, my bet is that most of the people who were complaining when schools... More
  • How Not to Settle Your Case Several years ago I did a post on this blog of the same name and then updated it some time later. The list then, as re-compiled below, are things to do if you really don’t want to settle your case.  As I said before, everybody is entitled to their day in court if they want it, but what if there is nothing that can be gained from it?  What if you can’t win?  What if forcing the matter to trial will... More
  • Beware The Client That Tells the Lawyer How to Try the Case Most clients hire their lawyers for the lawyers expertise and experience.  There is an expectation that the lawyer will guide the client through the process, given them the strategic options, and counsel them regarding settlement positions and opportunities.  Sometimes, client’s hire lawyers that they think they can control, who will do their bidding whether or not the strategy is sound or the legal position meritorious.  Others still, hire their attorneys because of their expertise and experience, yet cannot help themselves... More
  • Are Agreements to Make Your Children Take Out Student Loans to Pay for College Enforceable? It is not unusual for parties to address their children’s college education in their Marital Settlement Agreements.  If children are college age or close, parties may actually specifically determine the percentages that they will pay for college costs (including pre-college costs such as SAT/ACT preparation, application fees, etc.)  If the children are younger, parties often acknowledge their responsibilities and define the types of things will be covered, but defer the determination of their actual percentage shares until the children are... More
  • Does the Change in the Tax Law Kill the Mythical Alimony “Formula” As I wrote in December, the Tax Cuts and Jobs Act enacted at the end of last year, changed the taxability of alimony starting in 2019.   Specifically, while alimony is currently income to the recipient and deductible from the income of the payor, for agreements and judgments entered after December 31, 2018, that will no longer be the case.  Put another way, the ability to shift income so that it is taxed at the rate of the tax payer at... More