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Divorce Archives

Appellate Review of Revised Alimony Statute

In one of the first published decisions specifically analyzing and reviewing the revised Alimony Statute, the Appellate Division had the opportunity to review a trial court's order regarding the statute in conjunction with a parties' request to terminate or modify alimony upon retirement.

Co-Parenting At Christmas

For divorced parents, the holidays often create tension with their ex, as they deal with sharing holiday time, dealing with issues of gift giving, their ex in-laws, and, at times, new paramours.  I especially get complaints when one parents has not paid support--yet found the money to lavish their kids with the most expensive and desireable gifts of the year.

Can You Stop Your Child From Calling His Step-Parent Mom or Dad?

For divorced parents, one of the hardest things to deal with and accept is the arrival of your exes' significant other into the life of your child.  The potential problems and concerns are almost too numerous to account for, although I have recently come across various articles written by divorced parents thanking their exes' significant other for the positive role they have played in their child's life.

Divorced Parents--How to Ensure Reimbursements For Kid's Expenses

A major issue for divorced parents surrounds requests for reimbursement of medical expenses and extracurricular expenses which are to be shared between the parents.  Beyond the stress of the financial burden that a parent may be under when the reimbursements are not made and the stress of having to chase down the other parent for money, the accounting can be a nightmare.  Worse yet, because the total sums of money may not be terribly significant, it is often not worthwhile to consistently file enforcement motions to get an Order confirming the amount of reimbursements that are due.  Of course, it is never surprising to find that the other parent miraculously has reimbursable expenses of their own, for which they seek an offset but for which they have never previously requested repayment.

Domestic Violence--Destruction of Jointly Owned Property

In an interesting published Appellate Division case, the Court considered whether the destruction of jointly owned marital property could form the basis of a claim for a Final Restraining Order with "Criminal Mischeif" serving as the predicate act.

Interim Financial Issues (Pendente Lite Support)

One of the biggest concerns for individuals embarking upon divorce litigation, and the most common area of motion practice during the pendency of a divorce, involves interim access to a divorcing couples' assets and interim payment of expenses/support. In the vernacular of family law attorneys, these issues fall under the category of "pendente lite support."

Introducing Children to New Girlfriend/Boyfriend

In a published trial court decision, the issue of a DeVita restraint, i.e., the term used to describe a court order which limits the amount of exposure which a divorcing parent may permit a child to have with the parent's new girlfriend or boyfriend, was reviewed.  The review included consideration of whether the new girlfriend or boyfriend would be permitted to spend the night when the child was present.

Can One Parent Stop the International Vacation Plans of the Other Parent?

Almost every parenting plan includes the right of both parties to take their children on vacation during the year (often limited to two weeks per parent), a right which supersedes the normal parenting schedule. However, it is rare to find an agreement which more specifically defines these rights and/or accounts for the mechanism for effectuating the right to vacation time, except for the requirement of providing advanced notice and an itinerary with contact information.

Rights to Pension and Survivor Benefits

It is well established that upon a divorce a spouse has a right to a share in their exes' pension.  The "portion of a pension legally or beneficially acquired by either party during marital coverture is subject to equitable distribution." Claffey v. Claffey, 360 N.J. Super. 240, 255 (App. Div. 2003).