Category

Family Law
18
Mar

Divorce and Equitable Distribution Ordered After Spouse’s Death to Prevent Unjust Enrichment and Fraud

March 18, 2015
New Jersey appeals court holds that divorce and equitable distribution of marital assets may be...
09
Mar

Marriage Does Not Create a “Presumptive Right” to a Deceased Spouse’s Life Insurance Benefits

March 9, 2015
A New Jersey appeals court rejected a surviving spouse’s public policy argument to adopt a...
04
Dec

Recent Legal Developments in Special Needs Planning for Disabled Beneficiaries

December 4, 2014
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by...
26
Oct

Will a Medicaid Applicant’s Payment of her Minor Child’s College Expenses Subject the Applicant to a Gift Penalty?

October 26, 2014
An issue concerning the payment of college tuition arose in a recent case that may...
20
Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

July 20, 2014
New Jersey trial judge ruled that a litigant may not appear at trial in a...
19
Dec

Special Needs Planning During And After Marriage

December 19, 2013
(Recently, I was the featured speaker at a meeting of the New Jersey Association of...
22
Oct

Collaborative Divorce Introduction

October 22, 2013
The end of a marriage or relationship can be tragic enough. Often, the process of...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
26
Jun

U.S. Supreme Court Rules Surviving Spouse Of Lesbian Couple Entitled To Estate Tax Refund

June 26, 2013
New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed...
05
Jun

Court Resolves Conflicting Provisions In Divorce Settlement Agreement And Life Insurance Beneficiary Designations

June 5, 2013
Thomas v. Thomas, Docket No. A-2388-11T2 (N.J. Super. App. Div. June 4, 2013), involved competing...
14
May

"Excessive Texting" From One Divorced Parent To The Other Does Not Necessarily Amount To Harassment

May 14, 2013
New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit,...
07
May

Unborn Child Entitled To Protection Under New Jersey’s Prevention Of Domestic Violence Act

May 7, 2013
In a case of first impression, a state judge in New Jersey has ruled that...
04
May

Presentation on the Impact of Elder Law Issues on Divorce Mediation

May 4, 2013
On Saturday, April 27, 2013, I presented a session on the impact of elder law...
10
Feb

Appellate Division Spares A Will Contestant Frivolous Litigation Sanctions And The Invocation Of An In Terrorem Clause, Despite Her “Fanciful” Claims

February 10, 2013
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey,...
16
Dec

Court Rules Income From Special Needs Trust Must Be Utilized In Calculating Trust Beneficiary’s Child Support Obligation

December 16, 2012
The parties in this case had a brief relationship which resulted in the birth of...
08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

May 8, 2012
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
05
Mar

New Jersey Legislature Considers Bill Allowing Courts To Modify Alimony And Child Support Based Upon Decrease In Income Of Paying Spouse

March 5, 2012
Bill No. 1388 was recently introduced in the New Jersey Senate with an identical, companion...
04
Jan

Non-Custodial Parent’s Establishment Of A Special Needs Trust For Child Would Not Justify Elimination Of That Parent’s Child Support Obligation

January 4, 2012
In Bond v. Bond, the Appellate Division considered whether a non-custodial parent’s creation of a...
23
Nov

Divorce and Special Needs Planning

November 23, 2011
Divorce is never easy, but if a child or spouse with special needs is involved,...
20
Nov

Post-Divorce Checklist

November 20, 2011
  General Divide all property according to divorce decree. Re-title ownership of assets, including your...
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