Family Law
Decrease in Alimony and A Credit to Overpaid Child Support as A Result of a Disability and Change of Circumstances
Stewart v. Alicea Docket No. A-5135-17T2; A-1048-19T1 Decided December 7, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony and a credit to overpaid child support as a result of a Social Security decision of…
Read MorePredicate Acts of Domestic Violence Involving Physical Force Will Almost Always Lead to an Issuance of an FRO
K.B. v. A.R. Docket No. A-0493-19T1 Decided November 30, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as a predicate act that involves violence is almost certain grounds to grant a Final Restraining…
Read MoreDecrease in Alimony Granted as a Result of a Loss of Employment.
P.J.W. v. E.B.W. Docket No. A-5308-18T3 Decided November 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony as a result of a loss of employment. In P.J.W., the parties divorced after 20 years of marriage. …
Read MoreWhy College Contribution and Agreement Language Must be Clearly Specified in a Property Settlement Agreement (PSA)
Dalena v. Dalena Docket No. A-0412-18T3 Decided October 13, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order for college contribution from the children’s father, Daniel, despite a strict interpretation of the parties Property Settlement Agreement (PSA) providing otherwise. In…
Read MoreAward of Sole Custody, Equitable Distribution, Debt Allocation, Child Support, and Counsel Fee Award From a Default Hearing
K.M.L. v. R.J.L. Docket No. A-4423-18T3 Decided October 8, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s award of sole custody, equitable distribution, debt allocation, child support, and counsel fee award from a default hearing against the defendant. In K.M.L., plaintiff…
Read MoreMatrimonial Settlement Agreements Must Be Clear, In Writing, and Preferably Filed with the Court
Figueroa v. Figueroa Docket No. A-0043-19T2 Decided September 28, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify the parties’ Matrimonial Settlement Agreement (MSA) because defendant did not read it before signing and failed to demonstrate…
Read MoreAlimony and Child Support Modifications Must Be Put into Writing and Filed with the Court
Certo v. Certo Docket No. A-2004-18T2 Decided September 11, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to extend limited duration alimony despite plaintiff undergoing health issues and being denied Social Security disability (SSD), and a…
Read MoreDecision to Award Counsel Fees to a Defendant after a Plaintiff Failed to Obtain a Final Restraining Order (FRO)
E.H. v. K.H. Docket No. A-3623-18T1 Submitted by New Jersey Family Law Firm, Hark and Hark. Decided September 10, 2020 In a recent unpublished decision the Appellate Division reviewed a trial judge’s decision to award counsel fees to a defendant after a plaintiff failed to obtain a Final Restraining Order (FRO). In E.H., after six…
Read MoreLost your job to COVID 19? You might have relief from Child Support.
Submitted by New Jersey Family Law Firm, Hark and Hark. COVID 19 has caused governments nationwide to shut down various sectors of the economy. In addition, the shutdowns, sickness, death and fear from coronavirus has caused even more businesses to shutdown or reduce their workforce. Many people, especially in New Jersey, have lost their jobs…
Read MoreResolving 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 More