Matrimonial attorneys are often involved with drafting Marital Settlement Agreements which include arrangements for custody and parenting time. We are also called upon to review Judgments of Divorce and Orders entered by various judges throughout the state concerning such matters.
Tax season has arrived and with it questions as to tax treatment of children of divorcing or divorced parents. For purposes of this article let’s deal with the most basic, the “dependency exemption”. According to the IRS, the parent who has custody of his or her child for more than one-half the year can claim the child provided that he or she has provided more than half of the child’s support for the year in question.
In a case of first impression in New Jersey, an appeals court affirmed a trial court’s ruling that a paid escort qualifies as a “date”, and thus is a victim under the New Jersey Prevention of Domestic Violence Act. In J.S. v. J.F., the trial judge determined that the parties had entered into a “dating relationship” even though most of their “dates” were at the club where J.S. danced.
In a decision of fist impression a New Jersey court has awarded shared possession of a six year old pedigree pug named Dexter to a former couple who bought the dog for $1,500 while were engaged and living together.
The U.S. Census Bureau has released data regarding the incidence of divorce on a state-by state basis. Interestingly, and contrary to some segments of public opinion, New Jersey and Pennsylvania rank second and third, behind only Hawaii, for the lowest percentage of divorces.
This is all the more interesting since New Jersey is the most heavily populated state by square mile and not a politically conservative “red state”. In fact, some “red states” have very high divorce rates, so go figure.
The proper treatment of intellectual property (IP) in divorce cases requires an understanding of the different types of IP, valuation of the IP and ultimately equitable distribution of the IP as a marital asset.
In a just-decided case (Bello-Englesbe v. Englesbe decided June 5, 2009), a New Jersey appeals court rejected a father’s request to reduce child support based on terms of his Marital Settlement Agreement (MSA). The two judge panel ruled that the MSA failed to establish an income baseline from which an application for relief from a support obligation could be measured.
Virtually all opinion polls confirm that same sex marriage legislation is the future. To those who said , “leave it to the people, not judges” the outcome will be passage of such laws in New Jersey and elsewhere within the foreseeable future.
Legal Briefs On Divorce is a video podcast series providing viewers with a discussion on timely news and legislative updates impacting divorce. This installment of Legal Briefs On Divorce is an interview with John S. Eory, Shareholder in Stark & Stark’s Divorce Group, and Len Rossine, Divorce Lending Specialist with Countrywide Home Loans.
In a case of first impression, a New Jersey appeals court has ordered that the legal doctrine of “specific performance” applies to ownership of an estranged couple’s pet dog and that payment of money damages cannot compensate for the “special subjective benefits” of pet ownership.
