Posts Tagged ‘Family Law’
Parenting Time in NJ Is A Constitutional Right; Each Party Has Equal Rights to Have Relationships with Their Children
P.T. v. A.T. Docket No. A-1211-19 Decided May 5, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division overturned a trial court’s denial of defendant’s parenting time for four years, solely on the basis of an allegation that defendant viewed pornography in the presence of the child. In…
Read MoreCohabitation Is One Path to Terminate an Alimony Obligation
Clemas v. Clemas Docket No. A-5029-18 Decided March 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a dismissal of a motion to terminate alimony based on cohabitation because defendant failed to show evidence of comingled funds and any further evidence that the individuals were residing…
Read MoreWhether the Termination of Alimony Payments Is Appropriate or Not
Submitted by New Jersey Family Lawyer, Jeffrey Hark. In January 2013, the parties divorced after fourteen years of marriage. They had two children together. The trial court entered a final judgment of divorce in June 2014, and pursuant to the final judgment, defendant pays plaintiff $2,500 per month in alimony. Defendant filed an initial motion to…
Read MoreJ.M. v. C.K. FAMILY LAW 2021-01-19 NJ Appellate Division
In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. Submitted by New Jersey Family Lawyer, Jeffrey Hark. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody of their children. However, the primary residence of the children…
Read MoreWhen seeking a modification to custody agreements, these items must be evaluated.
J.M. v. C.K. FAMILY LAW-Filed: 2021-01-19 NJ Appellate Division Submitted by Family Law Firm, Hark and Hark. In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody…
Read MoreOral Argument Is Rarely Denied in Navigating Complex Matters in Family Law Such as Modifications of Parenting Time
Robertelli v. Robertelli Docket No. A-1187-19T2 Decided January 15, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reversed a trial court’s denial of oral argument and plaintiff’s motion to modify parenting time. In Robertelli, the parties were married for 13 years before divorce and had…
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 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 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 MoreChild Support and Alimony Modifications During COVID-19
Submitted by New Jersey Family Law Attorney, Jeffrey Hark. The COVID-19 pandemic has caused significant economic strife to the world economy. The impact has reached the United States and the State of New Jersey. We are seeing a stock market plummet and an economic shutdown while governments scramble to combat the Coronavirus. Many people are…
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