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…
“[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…
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…
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…
Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).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…
On April 26, 2007, Bobby Brown filed a lawsuit against ex-wife Whitney Houston in an attempt to change the custody terms as to their 14 year-old daughter, Bobbi Kristina. In addition to the shared custody, he is seeking child support and spousal support. A court date has been set for…
In New Jersey, someone other than a child’s biological parent can be responsible for making child support payments. Specifically, under the doctrine of equitable estoppel, persons who are not the natural parents may have an obligation to support those children as to which they are in loco parentis. Ross v.…
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? A party’s contribution into a 401(k)…
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-…
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…