Category Archives: Divorce

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Governor Signs New Alimony Law

Posted in Divorce

After a protracted test of wills between alimony reformers and traditionalists, a new alimony statute was signed into law by Governor Christie on September 10, 2014. The new law, which is immediately effective, will serve to meet the competing needs of divorcing couples by balancing increased uniformity with judicial discretion in terms of alimony awards…. Continue Reading

College-Age Child’s Refusal to Interact with Parent May Affect the Parent’s Obligation to Pay College Expenses

Posted in Divorce

The responsibility of college education expenses between divorced parents is often a source of conflict, and many times the parties end up back in court even though they have been divorced for years. Although New Jersey law obligates divorced parents to contribute to their children’s college education expenses, a recent lower court case dealt with the issue of a parent’s responsibility if the child wants nothing to do with that parent.

Domestic Violence and the Right to Counsel

Posted in Divorce

Trials held under the New Jersey Prevention of Domestic Violence Act (PDVA) are some of the most contentious in the Courthouse. The consequences of being found guilty of domestic violence are serious and the violation of a Final Restraining Order (FRO) will trigger arrest and institution of criminal proceedings.

New Jersey’s New Adoption Law

Posted in Divorce

On May 27, 2014, Governor Chris Christie signed into law legislation that will allow adoptees in New Jersey access to their birth certificates beginning January 1, 2017 (Adoption records have been sealed since 1940).

Claiming Children as Tax Dependency Exemptions-What’s New?

Posted in Divorce

Most Marital Settlement Agreements (a.k.a. Property Settlement Agreements) provide a mechanism for divorced parents to claim their children as tax dependency exemptions (TDE’s) on their federal and state income tax returns. Agreements silent on the subject default to the custodial parent’s annual recurring right to do so.

College Expenses: Better Late than Never

Posted in Divorce

A divorced parent’s legal obligation to contribute toward a child’s college expenses has been a long standing subject in New Jersey law. Unlike many other states, New Jersey requires a divorced parent to pay for his/her child’s college expenses if the child is a full time student attending college on a consecutive semester basis.

The Benefits of “In-Kind” Distributions for Investment Accounts

Posted in Divorce

An “in-kind” distribution is a non-taxable division of an asset. In the context of investment accounts, in lieu of selling off all stock positions held within such accounts at the time of a divorce, an in-kind distribution avoids a forced sale by providing the option of dividing the equity positions in accordance with a pre-determined percentage.