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New Jersey Family Law Blog

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New Jersey Supreme Court says cohabitation no longer a requirement for Palimony.

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…

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In New Jersey a Child Support Agreement that Deviates from the Guidelines is Superseded by the State when the Payee is a Recipient of TANF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…

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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Hamilton v. Mamroud, N.J.Super.A.D. 2007(unpublished opinion).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…

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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Gruber v. Rixford, N.J.Super.A.D., 2007 (unpublished opinion).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…

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