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.
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.
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.
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.
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.
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.
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.
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).
On April 10, 2007, Gretchen Bonaduce filed for divorce from former “Partridge Family” child star, and now radio and TV host, Dante Daniel (“Danny”) Bonaduce after 17 years of marriage, citing irreconcilable differences.
According to the divorce papers, Gretchen is seeking legal and physical custody of their 6-year old son, Count Dante Jean-Michael V. and 12-year old daughter, Countess Isabella Michaela of the marriage, with visitation to Danny.
Gruber v. Rixford, N.J.Super.A.D., 2007 (unpublished opinion).
A same sex couple purchased a townhouse together, in which title was held solely in defendant’s name as was the mortgage on the property. The plaintiff expended approximately $55,000 toward the purchase of the townhouse.
After the parties broke up, the plaintiff alleged that the townhouse was a joint asset, subject to equitable distribution, giving him a 50% interest. In support of plaintiff’s position, he alleged the parties had a verbal agreement that his name would be placed on the deed.
The defendant offered to pay plaintiff $93,000 as his share of the home and testified that plaintiff accepted this pay-off. Plaintiff acknowledged that the conversation took place but denied that he accepted the offer.
The trial court granted defendant’s motion for summary judgment.
New Jersey Family Law Blog