Despite their name, final restraining orders are not always final. Final restraining orders (FROs) can be dissolved or modified upon good cause shown by the applicant.
In an April 2016 unpublished decision, the Appellate Division has clarified the legal standards applied when a primary custodial parent seeks to relocate out of state subsequent to the execution of a non-relocation agreement.
In the January 2016 decision Anthony C. Major v. Julie Maguire, the New Jersey Supreme Court clarified the pleading standards and case management procedures in grandparent visitation actions.
A recent decision by the New Jersey Superior Court (Ocean County) dispels a common misconception in how parties argue (and judges decide) pendente lite (while the divorce is pending) applications for alimony. This decision enunciates a standard with which pendente lite alimony applications could be adjudicated in light of the 2014 amendments to New Jersey’s alimony statute.
The issue of when to retire and how retirement will affect a payor’s alimony obligation is not new to family law practitioners, judges or litigants. What has evolved is the consideration of when to retire under New Jersey’s recently amended alimony statute. Under New Jersey's recently amended alimony statute, a party may seek to terminate or modify his or her spousal support obligation based upon an actual or prospective retirement.
New Jersey’s civil RICO statute is an under-utilized tool in New Jersey divorce cases, combating fraudulent business tactics that have the effect of divesting a spouse of marital monies, gains on investment and equitably distributable business interests.
In what appears to be a case of first impression, the trial court in Ocean County considered issues concerning the retroactive emancipation and modification of previously unallocated, court-ordered child support for parties with multiple unemancipated children.
In the unpublished decision by the New Jersey Appellate Court, Karkoszka v. Karkoszka, the appellate court issued a decision after reviewing a trial court’s denial of a post-divorce (i.e., post-judgment) motion to change alimony and child support based on the birth of a non-marital child. The case was not one of first impression, but did reiterate the standard for a modification of alimony and child support when a non-marital child is born to the alimony and child support paying spouse.
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In what may be considered more of a constitutional or even insurance law issue, rather than a family law issue, two lesbian couples have filed a federal civil rights suit challenging the constitutionality of the New Jersey law that requires insurance companies to offer fertility treatment to heterosexual women, but not to those in same-sex relationships.