New Jersey Family Law Blog

Battle Over Nearly $630,000.00 in Counsel Fees

May 31, 2007 | Kearns Rotolo Law

Larry Birkhead, the biological father of Dannielynn, is not entirely done fighting. Debra Opri, Esq., Mr. Birkhead’s former attorney alleges she was not paid $620,492.84 in fees resulting from her representation of Mr. Birkhead during his custody dispute.

On May 29, 2007, Ms. Opri allegedly filed court documents with the Los Angeles Superior Court for all of her travel expenses, expensive lavish dinners, and even for expenses associated with her husband, whom traveled with her, in addition to her “usual hourly rate” of $475.00 per hour, court filing fees, subpoena costs, deposition costs, accounting and appraisal fees, etc. Ms. Opri stated “legal services entailed hundreds of hours of work”.

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Divorce – Joey Buttafuoco’s Second Wife Files For Divorce

May 25, 2007 | Kearns Rotolo Law

On May 4, 2007, Evanka Buttafuoco filed a divorce petition against Joey Buttafuoco citing “irreconcilable differences”. Evanka listed the couple’s assets to be “consumer debt only”.

When asked about his divorce, Mr. Buttafuoco told The Post “All I can say is two words: I’m devastated. That’s all I can say. I’m very sad.”

Joey and Evanka were married on March 5, 2007. No children are shared by the couple.

Custody Battle – Bobby Brown Sues Whitney Houston

May 18, 2007 | Kearns Rotolo Law

On April 26, 2007, Bobby Brown filed a lawsuit against ex-wife Whitney Houston in an attempt to change the custody terms as to their 14 year-old daughter, Bobbi Kristina. In addition to the shared custody, he is seeking child support and spousal support. A court date has been set for June 15, 2007.

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New Jersey: Final Restraining Order Reversed on Grounds that Complaint was Insufficient

May 4, 2007 | Kearns Rotolo Law

Loveland v. Hauke, N.J.Super.A.D., 2007 (unpublished opinion).

This is a domestic violence case where the plaintiff alleged defendant acted with a purpose or intent to harass.

The plaintiff, in attempting to explain her fear, attempted to testify to incidents that were not outlined in her complaint. In fact, the plaintiff informed a police officer that there were no prior instances of domestic violence. Therefore, the plaintiff was not allowed to testify to any incidents before the incident at issue.

The Trial Court issued a Final Restraining Order. Defendant appealed.

New Jersey Kinship Legal Guardianship

April 27, 2007 | Kearns Rotolo Law

N.J.S.A. 3B:12A-6 Appointment of caregiver as kinship legal guardian

New Jersey Courts can appoint a child’s caregiver the legal guardian of that child.

http://www.lsnj.org/keyRecentDevelopments/KinshipLegalGuardianship2.htm

http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=969&ext=pdf&view=yes

Custody – Dannielynn Hope Marshall Stern

April 14, 2007 | Kearns Rotolo Law

A custody hearing was conducted on April 13, 2007 to determine the custody of Anna Nicole Smith and Larry Birkhead’s baby, Dannielynn. The Court had unfortunately adjourned without a decision, and will resume in one week’s time.

Despite this delay, Howard K. Stern reported that Mr. Birkhead is already doing a great job of changing his daughter’s diapers, and the transition of parenthood has already begun.

New Jersey: Equitable Distribution of Disability Pension

April 12, 2007 | Kearns Rotolo Law

In a divorce where defendant was the recipient of a disability pension benefit from the New Jersey Police and Firemen’s Retirement System, plaintiff was not allowed to receive that part of the pension representing reimbursement for disability and economic loss. Larrison v. Larrison, N.J.Super.A.D.,2007, April 05, 2007.

Paternity of Dannielynn, Official!

April 10, 2007 | Kearns Rotolo Law

The DNA results are in! On April 10, 2007, the paternity of little Dannielynn, daughter of the late Anna Nicole Smith has finally been proven, it’s Larry Birkhead.

Mr. Birkhead emerged from the Bahamian closed-court hearing on April 10th, smiling proudly, pumping his fist, and throwing his hands in the air in expressions of excitement and apparent relief, telling the skeptical world “I told you so!” The March 21 DNA test confirmed what he had already felt in his heart, that he was in fact Dannielynn’s biological father. Larry%20Birkhead.jpg

New Jersey Child Support: Who Pays?

March 30, 2007 | Kearns Rotolo Law

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

Former New Jersey Governor is in a Heated Custody Battle

March 14, 2007 | Kearns Rotolo Law

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.