New Jersey Family Law Blog

Custody Battle Continues — Anna Nicole Smith’s Daughter, Dannielynn!

February 21, 2007 | Kearns Rotolo Law

Shortly after the distressing news of Anna Nicole Smith’s demise, the fight for baby Dannielynn continued on a shocking upward spiral. The potential father list has risen from two to five!

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As previously known, Howard K. Stern and Larry Birkhead were the alleged contenders. The paternity test was postponed from January until February 2007.

However, a strange turn of events has since occurred. Two additional men are contending to be Dannielynn’s father; the bodyguard, Alex Denk, and the prince/Zsa Zsa Gabor’s husband, Prince Frederick Von Anhalt. Additionally, Ms. Smith’s sister alleged Ms. Smith had her late 89-year old husband/billionaire oilman, J. Howard Marshall’s sperm frozen, which has been added to the equation.

Divorce – Custody, Reese Witherspoon & Ryan Phillippe

January 25, 2007 | Kearns Rotolo Law

After seven years of marriage, Actress, Laura Jeanne “Reese Witherspoon” filed for divorce from Actor, Matthew “Ryan Phillippe” on November 8, 2006, on the grounds of “irreconcilable differences”. However, it has been circulated Mr. Phillippe had an affair with a co-star, was excessively partying, and indulged in drugs.

Ms. Witherspoon is seeking primary physical custody of their two children (mentioned below), with visitation rights to Mr. Phillippe, and sole use of the family residence. She asks the Court that Mr. Phillippe be denied spousal support. [Ms. Witherspoon is represented by Robert Kaufman.] Reese%20Witherspoon.JPG Reese%20%26%20Ryan.jpg

New Jersey Divorce and E-Mail

January 23, 2007 | Kearns Rotolo Law

So, you are in the middle of a divorce and you think your spouse is cheating on you….should you start snooping about your spouse’s belongings? Perhaps you have the sudden urge to go through your spouse’s email….can you do this? The computer was purchased during the marriage and belongs to the both of you. The internet service is paid from joint accounts. Why wouldn’t you be able to view your spouse’s email?

A recent New Jersey Law Journal article addresses just this issue, Beware the Smoking E-mail, Darren M. Gelber, 11-13-2006. http://www.law.com/jsp/nj/index.jsp

Custody: What You Should Know Before You Leave New Jersey

January 22, 2007 | Kearns Rotolo Law

As the custodial parent you might think that since the children are under your care and control that as long as you provide them with a warm loving environment it does not matter whether you relocate to another state.

This is not the case. New Jersey law prohibits a custodial parent from moving with the parties’ children outside the state without court order or the non-custodial parent’s consent.

If the non-custodial parent does not consent to the move, the custodial parent must file a motion asking the Court to relocate. The Court will consider whether the children will suffer from the relocation, whether a relationship will be maintained with the non-custodial parent, and whether regular visitation is possible.

Capacity to Contract and New Jersey Divorce Law

January 21, 2007 | Kearns Rotolo Law

Let’s say you and your spouse want a divorce but you don’t want to hire attorneys. The two of you feel that you can draft a reasonable property settlement agreement and work with the county court clerk regarding procedural matters.

Beware of your future. Your ex-spouse may challenge the validity of the property settlement agreement, although it will be difficult. New Jersey Courts have held it is a fundamental principle that “the settlement of litigation ranks high in our public policy.” Jannarone v. W.T. Co., 65 N.J. Super. 476, 168 A.2d72 (App. Div.) certif.. denied, 35 N.J. 61, 171 A.2d 147 (1962).

Courts encourage parties to settle. Therefore, Courts are not likely to overturn agreements entered into by the parties voluntarily.

Child Support & Your 401(k)

January 20, 2007 | Kearns Rotolo Law

http://www.childsupportweb.com

Does it sound reasonable for a parent to seek a downward modification of his/her child support obligation when he/she has substantial assets sitting a 401(k) account that are not considered in the child support calculation? What about the child’s right to financial support?

retirement%20picture.JPG A party’s contribution into a 401(k) account and the income generated in a 401(k) are not used in the child support calculation as it is not considered available to the defendant over an extended period of time. The assets are not ordinarily accessible and the party withdrawing from the account would face an exorbinant tax burden for withdrawing money prior to retirement.

Forrestall v. Forrestall, 389 N.J.Super. 1, 910 A.2d 621 (2006).

Divorce & Custody Battle – Britney Spears & Kevin Federline

January 20, 2007 | Kearns Rotolo Law

In the divorce between Britney Spears and Kevin Federline, Ms. Spears seeks legal and physical custody of their two sons, Sean and Jayden, with visitation rights for Mr. Federline.

Britney%20%26%20Sean.jpg Britney%20%26%20Kevin.jpg Britney%201.jpg Britney%20upset%20w-Sean.jpg

New Jersey Guardian Ad Litems

January 19, 2007 | Kearns Rotolo Law

Is a person you care about going through a divorce? Do you think that person, not only needs an attorney, but needs someone to act in his/her best interest due to his/her cognitive disability?

If this person in your life is mentally incapacitated, it is likely his/her attorney will petition the Court for appointment of a guardian ad litem. A guardian ad litem protects, preserves and secures the interests of the individual that is mentally incapacitated.

New Jersey Emancipation

January 18, 2007 | Kearns Rotolo Law

So, you don’t want to pay child support anymore. What do you need to know?
To start, you should ask yourself the following questions:

1-How old is your child?
2-Does your child attend high school?
3- Does your child work? Full-time or Part-time?
4- Does your college attend college?

5- Does he or she reside with your ex-spouse?

The answers to these questions will determine whether you should file a motion for emancipation.

Lepis and Anti-Lepis Clauses Defined

January 15, 2007 | Kearns Rotolo Law

As as initial matter, it is important to note the New Jersey court system encourages parties to a divorce to settle. The Courts prefer when parties can resolve financial and custodial issues without judicial intervention. The terms of settlement are embodied in a Property Settlement Agreement, also known as a Marital Settlement Agreement.

Oftentimes, a party files a motion for modification of a specific term in the property settlement agreement. New Jersey Courts permit this. The Courts allow parties to file post-judgment (post-divorce) motions for modifications of property settlement agreements (contracts).

In this respect, the contract, property settlement agreement, is treated vastly different in the family context than in a business or employment context. In the latter, there is very litttle room for change.