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Archive for December, 2006

*All Posts,Domestic-violence

“Former household member” may NOT be taken literally; a court must inquire whether the parties have been so entangled, emotionally or physically – or they will be in the future – that the court should invoke the Domestic Violence Act to protect the plaintiff and prevent future violence

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December 31, 2006 at 4:33 pm

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*All Posts,Domestic-violence | Tags: ,

There is jurisdiction for issuance of an FRO based on conduct outside the state at least if the victim “flees” to New Jersey or lives here

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December 29, 2006 at 3:12 pm

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*All Posts,Evidence,Litigation | Tags: ,

A trial court has no obligation to warn a witness that his or her testimony may be self-incriminating.

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December 27, 2006 at 7:32 pm

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*All Posts,Litigation,Property-settlement-agreement | Tags:

Courts should not use the threat of sanctions to force the settlement of a case

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December 27, 2006 at 10:45 am

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*All Posts,Child-custody

The custodial preferences of children who are mature and intelligent enough to express themselves are important

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December 22, 2006 at 4:50 pm

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*All Posts,Alimony,Divorce,Equitable-distribution

The court’s jurisdiction to alter the marital status of the parties is conferred when either is a bona fide resident of the state; however, obligations flowing from the marriage, such as support and alimony, require personal jurisdiction

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December 22, 2006 at 10:50 am

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*All Posts,Counsel Fees | Tags:

Failure to settle disputed claims is not in itself a permissible consideration in assessing a fee

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December 21, 2006 at 5:01 pm

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*All Posts,Child-support

SSD benefits paid to the child must be deducted from the basic child support amount, which is calculated based on the parties’ combined net income; the basic child support amount, reduced by the SSD benefits paid for the child, is then allocated between the parents in accordance with each party’s respective share of the combined net income

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December 21, 2006 at 11:01 am

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*All Posts,Child-support

A biological father is responsible for child support to the extent he is financially able, even if there is no relationship between him and the child; to the extent he is aggrieved, a “previously presumed father” defendant may sue the biological father – but not the mother – for reimbursement of the child-related expenses he paid

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December 15, 2006 at 11:05 am

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*All Posts,Modification of Alimony

A payor spouse is as much entitled to a reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own circumstances

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December 13, 2006 at 5:09 pm

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