In a recent unpublished (non-precedential) Appellate Division decision, K.W. v. S.W., the Court addressed income, expenses and bad faith within the context of a child support calculation and ongoing custody issue post-divorce judgment. The issues before the Court, in boiled down to their root, were: (1) what to do when a party manipulates their income in a self-employed situation; (2) when to impute a party income, even if the parties stipulated as to an imputation…

So you are in court or maybe on a conference with a judge and you make a factual statement about the other side.  Maybe it is about some less than stellar conduct of the other party. Maybe it is about a violation of an Order.  Maybe it is about the failure to provide discovery.  Could be anything.  And rather than opposing counsel specifically responding to the statement, either by way or explanation, excuse or admission,…

We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of the State of New Jersey, and law that followed.  Well,  Bisbing has returned in another published (precedent-setting) decision, this time with respect to whether counsel fee awards stemming from child-related litigation are dischargeable in bankruptcy proceedings.  The answer, generally, is no.  Here’s why. In Bisbing,…

Vaccinations will likely become a hot topic in matters of divorced or separated parents in a post-pandemic world with vaccines now available to children ages 12 and up, and possible younger children in the future. Although not COVID-19 related, it’s pretty timely that an unpublished (non-precedential) decision was just issued regarding divorced parents who disputed whether their child should be vaccinated. Briefly, in the matter of M.A. v. A.A., the Appellate Division affirmed the…

Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided long awaited and much needed guidance on what a movant must now present to the trial court to demonstrate a prima facie case of cohabitation warranting discovery and ultimately a plenary hearing. Back on September 13, 2019 as noted by Eric S. Solotoff, Esq. blogging …

You see it all of the time.  Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and other things that come up during the pendency of a case.  Judges are human and sometimes they just get it wrong, either because they get the law wrong, misunderstand the facts, miss certain things that are in the paper or for any other reason.  When…