In a case brought by a Montclair, New Jersey same sex couple claiming a veteran’s real estate tax exemption as a result of military service by one of them, the recognition of a Canadian same sex marriage is called into question.
In a recently decided unreported decision, the Appellate court held that while income imputed to a litigant for purposes of determining alimony should not be factored into the child support calculations.
In Lewis v. Harris, Mercer County Assignment Judge, Linda A. Feinberg, ruled against a same sex couple’s claims that they were denied equal protection by being unable to marry. An appeal of the ruling is now pending in the Appellate Division. The plaintiffs have made application to have the case certified to and accepted by the Supreme Court without argument in the appellate court.
New Jersey’s recently enacted domestic Partnership Act provides that once persons register as domestic partners, the registration can only be vacated by an Superior Court action similar in nature to a divorce.
In re Howell – Case which involves the distribution of marital property when one of the parties has filed for bankruptcy. In this matter, The United States Bankruptcy Court, District of New Jersey, held that under New Jersey state law, the right to equitable distribution does not arise until a final judgement of divorce is entered.
Two recent federal decisions which have family law repercussions.
New Jersey statutes prohibit a separated or divorced parent from moving the children to another state (or country). There is no specific prohibition, however, from a parent moving with the children anywhere within the state.
Each party in a divorce is required to file a Case Information Statement (CIS). The CIS is the baseline financial document which breaks down each party’s income, itemizes each party’s expenses and sets forth a balance sheet of marital assets and liabilities.
Galtieri v. Kane – Court of Appeals ruled that it was not an abuse of discretion for the Family Part judge to direct monthly alimony payable to the defendant to be paid directly from the bankrupt plaintiff’s New York City Police Disability Pension and Social Security Disability Pension.
