Family Law
Resolving Emancipation, Child Support Refund, and Money Owed to Other Party After Parties Engaged in Extensive Litigation in Years Prior
Daniels v. Daniels Docket No. A-5001-17T3 Decided August 28, 2020 Submitted by New Jersey Family Law Practice, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling regarding emancipation, child support refund, and money owed to other party after parties engaged in extensive litigation in years prior following the…
Read MoreMotion to End College Contribution Requirement for Failure to Supply Financial Documentation
Coney v. Banks Docket No. A-1561-18T3 Decided August 4, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…
Read MoreGuardianship 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…
Read MoreCustody Agreements, Child Support, Alimony and The Changed Circumstances Standard
L.P. v. J.H. Docket No. A-1967-18T4 Decided June 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay…
Read MoreFinal Restraining Order (FRO) Against A Defendant Who Lived Out of The State of New Jersey
D.C. v. E.C. Docket No. A-3462-18T4 Decided June 3, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision, the Appellate Division reviewed a decision to grant a final restraining order (FRO) against a defendant who lived out of the State of New Jersey, and who did not have…
Read MoreIn 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 In a recent unpublished decision the Appellate Division reviewed the validity of a prenuptial agreement (“prenup”) after a husband, worth millions, passed away.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…
Read MoreAgreements 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…
Read MoreRetirement 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…
Read MoreBowens 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…
Read MoreJUSTICE 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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