New Jersey Family Law Blog

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.

Paternity – Anna Nicole Smith – The Deadline Draws Near

January 5, 2007 | Kearns Rotolo Law

On or before January 23, 2007, the paternity of Dannielynn will be concluded.

Anna%20Nicole%20and%20H.K.%20Stern.JPG .

Former Playboy Playmate, TV reality star, and TrimSpa spokesperson, Anna Nicole Smith (born Vickie Lynn Hogan) is disputing the decision and attempting to fight the Court appointed order from U.S. Judge Robert Schnider, that she submit her four (4) month old daughter, Dannielynn to a DNA test to establish paternity.

New Jersey Child Support and Visitation: Is There a Connection?

December 28, 2006 | Kearns Rotolo Law

Let’s face it – sometimes non-custodial fathers are delinquent in their child support payments. What is a custodial mother’s recourse? Perhaps, the custodial mother can call the probation department or file a motion to enforce litigant’s rights. There are many ways to enforce support orders and/or agreements.

May the custodial mother prevent her ex from seeing his children? Quite simply, the answer is ‘no’.

Make no mistake about it, a father’s refusal to pay child support is frowned upon. However, it is not up to the custodial mother to decide in what manner to best enforce support, especially if the actions affect children. This issue should be handled by the Courts.

New Jersey Alimony Laws: Termination Based on Disability

December 27, 2006 | Kearns Rotolo Law

What happens when a payor ex-spouse becomes disabled after the divorce and is no longer able to pay support obligations? Is he/she still obligated to pay?

In determining alimony, counsel fees, and property distribution, income may be imputed to a party who is voluntarily unemployed or underemployed; this requires intentional conduct without just cause.

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Support: Using Interest Earned from Inheritance in Calculation

December 26, 2006 | Kearns Rotolo Law

In New Jersey, inheritance is viewed as separate property and is not subject to equitable distribution irrespective of when the inheritance is received. Nonetheless, inheritance can play a major role in assigning child support and alimony obligations. Keep in mind, inheritance monies should never be intermingled with joint assets. Always keep your inheritance separate from joint assets to avoid it being subject to equitable distribution.

For example, if the payee has stayed home to raise children and tend to the home, she (typically’) may not receive all she believes she is owed if she has inheritance monies. The fact that inheritance cannot be divided between the parties, does not prevent the interest earned from investing the inheritance being calculated into support obligations. By this, the payee may actually become a “payor” as well, and be forced to contribute to her support or the support of her children through the interest received on her inheritance.