In many divorce cases in which a retirement plan is an asset subject to equitable distribution, the parties agree that the participant spouse shall assign to the non-participant spouse. This is accomplished by a Qualified Domestic Relations Order (QDRO).
Recently CNN posted a story that showed how video confernecing capabilites now impact divorced parents and their chidlren. In NJ, the concept of virtual parenting and the availability of video conferencing, email and similar technology makes it easier for the residential custodian to relocate out of state.
This week’s New Jersey Legal Update podcast discusses the case of Lewis v. Harris which was argued before the New Jersey Supreme Court last week. This case brings a long history with it to the Court and is being watched nationally as a case which may direct how courts view legislation which bans same-sex marriage.
In the recent decision, the court ruled the judgment held by the father against his former wife for child support arrearages did not take priority upon the foreclosure of the residence.
Virtually every relocation case (when the custodial parent is seeking to relocate with the children to another state) involves conflicting factual allegations of the impact of such a move on the children.
The Appellate Court the six year statue of limitations that applies to the collection of attorney fees.
In a recent case, the Court held that “cohabitation” was an essential element of a palimony claim and denied the plaintiff’s claim for palimony because the parties had not lived together.
In New Jersey there is a presumption that a child is emancipated, and no longer entitled to child support upon reaching age 18. Most divorce agreements or judgments set forth specific circumstances under which that presumption may be rebutted.
The Court considers length of time divorce is final when reviewing an application for modification of alimony due to “changed circumstances.”
New York is just now contemplating no-fault divorces, something that has been around in New Jersey for quite some time.
