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August 5, 2019
Extreme Higher Earning Parent – No Increase in Support
Child Support with an Extreme Higher Earning Parent – In a recent New Jersey appellate division case of Ianniello v. Pizzo, the appellate division upheld the trial court’s denial of the custodial parent’s request to increase child support. The non-custodial parent was paying $10,000 per month. The custodial parent sought a $65,000 per month…
File Under: Child Support, Family Law, Matrimonial & Family Law
July 30, 2019
A Final Restraining Order Does Not Have to be Forever
In a recent post, I wrote about the best ways to defend against a Final Restraining Order (FRO). However, unfortunately, it is not always possible to successfully defend against the entry of an FRO. Therefore, defendants need to know the serious consequences associated with an FRO. They also need to understand that “final” does…
File Under: Domestic Violence, Family Law, Matrimonial & Family Law
July 30, 2019
Restraining Order Violations are Serious Crimes
A restraining order is a powerful tool to protect victims of domestic violence. The purpose of a restraining order is to avoid future communication or contact between two people. This holds true for as long as the order remains active. A person who makes contact will be held in contempt of the restraining order. …
File Under: Domestic Violence, Family Law, Matrimonial & Family Law
July 30, 2019
Domestic Violence – Defending Final Restraining Orders
Domestic violence is a pervasive problem throughout the United States. The State of New Jersey is no exception to this ongoing dilemma. Accordingly, the Prevention of Domestic Violence Act (“the Act”) has been enacted and is intended to act as a shield for domestic violence victims. Unfortunately, there are times where matrimonial litigants instead…
File Under: Domestic Violence, Family Law, Matrimonial & Family Law
July 18, 2019
A Penalty Provision in the Marital Settlement Agreement
In New Jersey divorces, marital settlement agreements include language that addresses the ramifications if either person breaches any provision of the agreement. Often, the agreement includes a penalty provision that requires breaching party to pay the other’s counsel fees if the matter requires court intervention. More often than not, courts have largely ignored such…
File Under: Divorce, Marital Settlement Agreement, Matrimonial & Family Law
July 17, 2019
Legislative Impact on Family Law – A Sneak Peek
I knew I wanted to be a lawyer for as long as I can remember. My father is a retired juvenile detective from New Jersey. I developed my love for the law through him. Law school proved challenging, requiring round-the-clock studying, but this diligence allowed me to graduate second in my class. Throughout law school and…
File Under: Alimony, Custody, Divorce, Family Law, Matrimonial & Family Law
July 12, 2019
A Modern Family – Third Parties Raising Children
The definitions of “parenthood” and “family” continue to evolve. Today, it is not uncommon for a child to have a parent-child relationship with someone other than the biological parents. As the needs of children change, and as society changes, so does the law surrounding custody and parenting time. Therefore, a third party who lives in…
File Under: Adoption, Custody, Divorce, Family Law, Matrimonial & Family Law
July 10, 2019
Special Needs Child Support in New Jersey
I often hear attorneys say calculating child support is the easiest part of their job. In New Jersey, we have Child Support Guidelines. As such, the New Jersey guidelines will be presumably accepted by both the parties and the Court. Child support is based on the parties’ respective combined available net income. The support is…
File Under: Child Support, Divorce, Family Law
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