Author: jmillner

Courts are asked to review electronic evidence more than ever, particularly in the age of the pandemic. You never know when or where the next video camera or recording device is going to show up. Particularly, when you’re in the middle of a contested divorce, if there are custody issues, caution is key. In addition to the obvious cell phone recordings, evidence in family law matters often comes from “nanny cams”, doorbell cameras, recordings of Zoom and FaceTime meetings, apps on cell phones to track locations, and other electronic marvels.

Read More about Videos, Recordings, and Other Electronic Evidence in Family Law Cases

In recent weeks, the Administrative Office of the Courts has released its statistics, and the news is not surprising. The courts in New Jersey are facing an unprecedented backlogs, and the Family Court has been hit particularly hard.

For those facing divorce, custody issues, post judgment issues, or any family matter, there are alternatives to consider.

Read More about The Pandemic Has Hit the Family Courts – What Should I Do Now?

An individual’s child support obligation is calculated utilizing several factors, the most important of which is the income that the individual earns. Usually a person’s income is calculated by looking at the salary and any appropriate deductions, including taxes, health insurance premiums, mandatory retirement or union dues. Some people have the opportunity to work overtime, which adds to their yearly income. The New Jersey Child Support Guidelines contains a provision that states if a person has sporadic income as a result of overtime or a second job, an average will be calculated for purposes of child support. The guidelines further provide that the court is able to exclude sporadic income if the party can demonstrate that it would not be available in an equivalent amount in the future. Read More about If You Refuse Overtime, Are You Underemployed?

The weather is finally warmer and distance learning is finally ending for most students in New Jersey. While New Jersey’s COVID-19 metrics are trending in a positive direction, the national pandemic continues and many parents are thinking about whether or not their children should go to summer camp as planned. In New Jersey, Governor Murphy has signed an order that will allow childcare services to reopen on June 15, organized sports practices to start on June 22, and youth day camps and municipal recreation programs to start on July 6. The Centers for Disease Control (CDC) and the American Camp Association have both put out detailed recommendations, and the State of New Jersey will also be issuing guidelines.

Read More about Sending Children to Camp or Daycare in the Time of COVID

The Massachusetts Supreme Judicial Court issued a troubling decision last week, in which it ruled that an order preventing a parent from posting about his children on social media violated the father’s constitutional right to freedom of speech. Even if the court entered the order in question to protect the child, this decision will no doubt reverberate throughout the country, and be the subject of similar cases in which parents in the midst of nasty custody battles seek to wage their wars publicly.

Read More about Parents: Is Your Freedom of Speech Worth the Welfare of Your Child?

The coronavirus pandemic is creating special challenges all of us, but in particular for parents of children who are separated or divorced. In many districts, schools are closing for several weeks, but there are still many employers who have not. In the case of first responders, healthcare workers, or other essential employees, employers cannot allow their employees to work remotely from home.

Read More about Parenting Time Considerations During the COVID-19 (Coronavirus) Pandemic

The divorce is almost over. You have finished negotiating alimony. Child-support has just been calculated and you have finally figured out who is going to take Aunt Millie’s China. The end of the stressful negotiations with your almost ex-spouse is almost at near when your attorney turns his or her attention to life insurance. It’s probably the last thing you want to hear about. Particularly if you are a relatively young individual, this is just one of those “lawyer details” that you really don’t want to pay attention to.

Unfortunately, this is one of the most over-looked issues which can come back to haunt litigants. Tragedies do happen, and when there is an unexpected death, it can have a monumental impact on property settlement agreements, particularly when a settlement contains provisions relating to child support and of children and college expenses. No one wants to think about death, and certainly most people don’t want to think about it when they are already in the process of grieving the end of a marriage. However, not having protection against the possibility of one parent or former spouse dying can be catastrophic for the survivors later on.

Read More about The Death in the Details of the Divorce

As the year comes to an end, a new calendar was likely a present received during the holiday season. Many of us instinctively throw out an old calendar. But wait; it can be so much more than a trip down memory lane!

Read More about Don’t Throw Away That Old Calendar – It Could Be Helpful in Your Divorce

The end of the year is coming, and for many employees that means end of the year bonuses will be included in their paychecks this month. Many question whether their bonus should be included as “income” for the purpose of support obligations, as well as equitable distribution in the context of a divorce.

Read More about End of the Year Bonuses – Do They Have to Be Shared with My Ex?

Alcohol and substance abuse by one parent are always concerning to the other parent, but when those parents are separated or divorced, there is an increased level of anxiety. A new law, which took effect on December 1, 2019, can help ease the concerns of a parent whose former partner has been convicted of Driving While Intoxicated in New Jersey.

Read More about NJ’s New Drunk Driving Law Can Help Ease Concerns of Divorced Parents