NJ Family Issues

RSS | Comments RSS

Archive for January, 2012

*All Posts,Counsel Fees

Calculating an award of attorneys’ fees pursuant to state statutory fee-shifting provisions begins with determining the lodestar; the lodestar is derived by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate

Comments Off

January 31, 2012 at 7:15 pm

*All Posts,Domestic-violence

The court must make a discretionary determination based on the predicate act of domestic violence, any prior history of domestic violence, and any other relevant circumstances, as to “whether a domestic violence restraining order is necessary to protect plaintiff from immediate danger or further acts of domestic violence

Comments Off

January 30, 2012 at 4:08 pm

*All Posts,Agreements,Alternative Dispute Resolution,Arbitration,Mediation,Property-settlement-agreement,Settlement agreement

The court accords particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements

Comments Off

January 30, 2012 at 4:05 pm

*All Posts,Domestic-violence,Harassment

A trial court must exercise care in distinguishing between ordinary disputes and irritations common in a domestic relationship and those actions that cross the line into domestic violence

Comments Off

January 30, 2012 at 4:02 pm

*All Posts,Evidence,Litigation,Marital privilege,Privilege

Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse

Comments Off

January 30, 2012 at 3:58 pm

*All Posts,Counsel Fees

Are your hourly rates reasonable?

Comments Off

January 26, 2012 at 5:48 pm

*All Posts,Child-support,Child-support-modification

The enforcement, collection, modification and extinguishment of unpaid arrearages in child support payments are matters addressed to the sound discretion of the court

Comments Off

January 26, 2012 at 2:54 pm

*All Posts,Child-custody,Joint Custody

A stipulation to joint legal custody constitutes the parties’ agreement to share authority and responsibility for making major decisions regarding the welfare of the children, calling upon both parents to remain decision-makers in the lives of their children

Comments Off

January 26, 2012 at 2:51 pm

*All Posts,Child's Name,Divorce

Name-change disputes when the child was born in wedlock to parents who subsequently divorce

Comments Off

January 26, 2012 at 2:49 pm

*All Posts,Alimony,Child-support,Imputed-income,Income Imputation

A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn

Comments Off

January 24, 2012 at 12:15 pm