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…
New Jersey Family Law Blog
New Jersey: Cutting Off the Elective Share
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…
New Jersey Parentage
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…
In New Jersey a Child Support Agreement that Deviates from the Guidelines is Superseded by the State when the Payee is a Recipient of TANF
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…
New Jersey: Termination of Parental Rights
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…
Custody – David Hasselhoff
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. Mr. Hasselhoff also made it clear to…
New Jersey Court Orders Retroactive Increase in Child Support Where Motion was Never Filed
Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).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…
Divorce – Danny Bonaduce & Gretchen Bonaduce
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,…
New Jersey Appellate Division Reverses Summary Judgment in Same Sex Equitable Distribution Case
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…
Battle Over Nearly $630,000.00 in Counsel Fees
Larry Birkhead, the biological father of Dannielynn, is not entirely done fighting. Debra Opri, Esq., Mr. Birkhead’s former attorney alleges she was not paid $620,492.84 in fees resulting from her representation of Mr. Birkhead during his custody dispute. On May 29, 2007, Ms. Opri allegedly filed court documents with the…