Guardianship of Incompetent or Handicap Individual

Memorandum ISSUE: How does the court appoint a family member or guardian over another family member who is handicapped or incompetent? LAW: If the court finds that a person is incapacitated, the court must then independently determine whom to appoint as guardian. In making this determination, the court should consider the recommendations of the court-appointed…

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In the Matter of the Estate of James J. Gillette

Docket No. A-3739-18T4 Decided May 22, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed the validity of a prenuptial agreement (“prenup”) after a husband, worth millions, passed away. In Gillette, husband and wife entered into a prenuptial agreement prior to their marriage.  Both…

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Agreements in Family Court Subject to Judicial Intervention

Stanton v. Sembrat Docket No. A-5389-18T3 Decided May 22, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed $3,800 taken from a worker’s compensation settlement and placed to child support arrears, despite an agreement between the parties that defendant did not have to pay…

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Retirement and Alimony Obligation Reduction

Landers v. Landers Docket No. A-1798-18T1 Decided April 20, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division reviewed a court ordered reduction of alimony to $500 per month as a result of retirement, despite defendant having $1.7 million net worth, while plaintiff’s income was…

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Bowens v. Bowens – Reduce Alimony and Child Support On Changed Circumstances

Bowens v. Bowens Docket No. A-4081-18T2   ——- Decided March 6, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division reviewed a denial of a post-judgment matrimonial motion to reduce alimony and child support on changed circumstances related to the party seeking to reduce his child…

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JUSTICE V. MARINO

JUSTICE V. MARINO Docket No. A-5520-18T1 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision, the Appellate Division heard argument on a request to set aside a Family Part Order changing custody. In Justice, plaintiff and defendant were married and had one child, a son born in 2009, before…

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