New Jersey Family Law Blog

Palimony Re-examined and Redefined

September 16, 2008 | Kearns Rotolo Law

Court holds that cohabitation is not essential for an award
By Edward S. Snyder, 193 N.J.L.J.652
The law of palimony has evolved and expanded over the last three decades and the Supreme Court of New Jersey has been active in defining its parameters. During the 2007-08 term the court once again delved into this area of family law by deciding Devaney v. L’Esperance, 195 N.J. 247 (2008). holding that cohabitation is not essential for an award of palimony, however declaring that it is just one of several factors to be considered by a trial court
Genesis of the Palimony Claim in New Jersey

Palimony is essentially “alimony” where the parties were never married. The true definition of palimony, however, can be described “in general terms [a]s a claim for support between unmarried persons.” Devaney, supra, 195 N.J. 247 at 16.

Demystifying the imputation of income.

August 5, 2008 | Kearns Rotolo Law

“[A]ny party is free to retire, take a vow of poverty, write poetry, or hawk roses in an airport, if he or she sees fit. The only limit is discontinuance of the financial aid the former spouse requires. The reason for this is that the duty of self-fulfillment must give way to the pre-existing duty which runs between spouses who have been in a marriage which has failed.” Deegan v. Deegan, 254 N.J. Super. 350, 358-59.

No Binding Arbitration of Custody or Parenting-Time Issues, Court Says

July 21, 2008 | Kearns Rotolo Law

A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children, the appeals court said.

New Jersey Supreme Court says cohabitation no longer a requirement for Palimony.

July 7, 2008 | Kearns Rotolo Law

The New Jersey Supreme Court ruled last month that “[c]ohabitation is not an essential requirement for a cause of action for palimony, but a marital-type relationship is required.” In Devaney V. L’Esperance, Not Reported A.2d., 2008 WL 2491976 (NJ). The Court by a 6-1 majority broke away from the precedent set by almost every state court by saying a Plaintiff need only prove that there was a “marital-type relationship.” The Court found that no such relationship existed in this case.

New Jersey: Cutting Off the Elective Share

August 27, 2007 | Kearns Rotolo Law

What if you do not have a will, you only have a few weeks left to live, and you do not want your spouse to inherit your estate?

In New Jersey, a surviving spouse has a right of election to take an elective share of one-third of the augmented estate under certain limitations and conditions spouse.

New Jersey Parentage

August 17, 2007 | Kearns Rotolo Law

Paternity testing can cost up to $500, not including attorneys fees, should you desire representation.

If the father of your child contests paternity, you should file a Paternity Complaint wherein a hearing will take place and a paternity test will be scheduled. N.J.S.A. 9:17-38 is known as the New Jersey Parentage Act.

There are certain instances where paternity is presumed.

In New Jersey a Child Support Agreement that Deviates from the Guidelines is Superseded by the State when the Payee is a Recipient of TANF

August 2, 2007 | Kearns Rotolo Law

Let’s say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor.

Your obligation will certainly change if your ex becomes a recipient of TANF, i.e. welfare. TANF stands for Temporary Assistance to Needy Families.

New Jersey: Termination of Parental Rights

July 10, 2007 | Kearns Rotolo Law

Baby%20Hands.JPG

In a recent New Jersey case, a mother’s parental rights were reinstated after the New Jersey State Supreme Court found that DYFS failed to prove the mother was unwilling and unable to eliminate threats of harm (in this case, the presence of the child’s father).

The Division of Youth and Family Services, more commonly known as DYFS, files for termination of parental rights. By clear and convincing evidence, DYFS must show the following: (1) the child’s safety, health, or development is endangered by the parental relationship; (2) the parent is unwilling or unable to eliminate the harm facing the child; (3) DYFS made reasonable efforts to provide services to help the parent; and (4) termination will not do more harm than good.

Custody – David Hasselhoff

June 21, 2007 | Kearns Rotolo Law

On June 15, 2007, former Baywatch star and singer, David Hasselhoff won full and physical custody of his two teenage daughters, 14 year-old Hayley and 17 year-old Taylor-Ann.

His ex-wife, Pamela Bach, has been granted alternate weekends and on Wednesday nights for dinner.

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New Jersey Court Orders Retroactive Increase in Child Support Where Motion was Never Filed

June 17, 2007 | Kearns Rotolo Law

Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).

The parties had one son together. They divorced agreeing to joint custody with mother having primary residence.

Eleven years after the divorce, in November of 2001, the Middlesex County Board of Social Services notified both parties that either could seek a review of child support. The mother notified the board that she was interested in the review.

Thereafter, the father was notified by the Board that it was gathering his financial information from his employer. The board filed a motion to increase support on November 7, 2003, and then again on November 25, 2003 asking the court to make the increase retroactive to November 25, 2001(the date of the original notice).