New Jersey Family Law Blog

In New Jersey, someone other than a child's biological parent can be responsible for making child support payments.

Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v. Ross, 126 N.J.Super 394 (J. & D.R. Ct. 1972).

http://www.childsupportweb.com

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The Star-Ledger reported yesterday that former New Jersey Governor, James E. McGreevey, who is in the midst of a divorce, has included among his request for relief the sole custody of the parties' five year old daughter, Jacqueline. http://www.nj.com/starledger/stories/index.ssf?/base/news-11/11737647504550.xml&coll=1

The amended complaint seeks child support and provides Dina Matos McGreevey, the mother and soon-to-be ex-spouse, with visitation rights.

Presently, Governor McGreevey lives with his partner, Mark O'Donnell.

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DISSIPATION OF MARITAL PROPERTY

One party may anticipate the marriage is failing, that divorce is imminent, and attempt to spend down marital assets. To that end, the wronged party may find themself in a position to receive little or nothing because of the ill will of the other party.

Similar to underemployment, the Courts will examine the circumstances surrounding the event. The party who has depleted assets will have to show the expenditure was for the joint marital venture and was not done to intentionally deprive the other spouse of equitable distribution.

The question ultimately to be answered in determining whether there has been a dissipation of marital property is whether assets were expended by one spouse with intent of diminishing the other spouse's share of marital estate.

Continue reading "New Jersey Marital Property: When Your Spouse Depletes Assets" »

Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003).

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