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Archive for November, 2006

*All Posts,Child-support

The assets in a 401(k) are neither a source of income nor an asset that is in and of itself available for child support

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November 28, 2006 at 11:44 am

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*All Posts,Child-support-modification,Modification of Alimony

Temporary reductions in support may be warranted sometimes

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November 22, 2006 at 11:52 am

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*All Posts,Arbitration,Litigation | Tags:

A waiver resulting from the parties’ voluntary pursuit of their positions in the Superior Court will preclude the enforcement of a contractual promise to arbitrate

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November 21, 2006 at 10:49 am

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*All Posts,Agreements

The parties may agree what circumstances shall be considered “changed circumstances” that will warrant an examination and adjustment of a party’s support obligation

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November 20, 2006 at 4:10 pm

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*All Posts,Property-settlement-agreement

The party challenging a settlement agreement bears the burden of demonstrating that the agreement is unfair and inequitable

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November 20, 2006 at 3:11 pm

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*All Posts,Child Abuse,Domestic-violence

Under the Prevention of Domestic Violence Act, a minor child may NOT complain against her step-father for sexually molesting her

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November 17, 2006 at 2:36 pm

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*All Posts,Agreements,Alimony,Cohabitation | Tags:

A mere romantic, casual or social relationship is not sufficient to justify the enforcement of a settlement agreement provision terminating alimony; such an agreement must be predicated on a relationship of cohabitation that can be shown to have stability, permanency and mutual interdependence

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November 15, 2006 at 3:17 pm

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*All Posts,Child-support

The phrase “unallocated support” most often refers to a support award which benefits a dependent spouse and the unemancipated children; a modification in the support amount can only be made after an analysis of the factors set forth in N.J.S.A. 2A:34-23a

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November 14, 2006 at 3:22 pm

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*All Posts,Grandparent Visitation,Parental Rights

Under New Jersey’s grandparent visitation statute, there should be no interference with the natural and legal right of a parent to custody except for the strongest reasons, requiring a clear showing of a parent’s gross misconduct or unfitness or of other extraordinary circumstances affecting the welfare of the child

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November 6, 2006 at 3:26 pm

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*All Posts,Child-custody | Tags:

In child custody cases, it is not the parents’ rights, but the welfare of the child that is the controlling consideration for the court

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November 6, 2006 at 10:41 am

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