On March 9, 2015, I blogged about an Appellate Division case holding that marriage does not create a presumptive right to a deceased spouse’s life insurance benefits. That blog can be found here. In In re Estate of Matchuk, the Appellate Division extended that holding to funds in a deceased spouse’s retirement accounts. In Matchuk,.. read more →
In this case, an Ocean County judge ruled that litigants in domestic violence cases who want to introduce evidence contained on their cell phones, such as texts, emails, social media messages, or audio/visual evidence, must first provide such evidence to the court and the adversary in tangible form, such as on a printout or a.. read more →
Eddie and Aidaliz Jones married in 1998. They had a child in 2003, and were later divorced in 2009. When Eddie died, he was survived by his minor child as well as an emancipated adult child from a prior relationship. Before the marriage, Eddie Jones enrolled under a group life insurance policy through the Police.. read more →
New Jersey’s Appellate Court ruled that, under the appropriate circumstances, it is equitable to require a disabled 89 year old veteran to receive end-of-life care in a VA facility against his wishes rather than at home in order to use his limited income to continue paying alimony to his ex-wives. .Rizzolo v. Rizzolo, 2015 NJ Super.. read more →
New Jersey appeals court holds that divorce and equitable distribution of marital assets may be ordered after the death of one spouse to prevent unjust enrichment and fraud. Estate of Beltra v. Beltra Plaintiff Milagros Beltra filed for divorce from her 34 year marriage to defendant Enrique Beltra. Plaintiff was terminally ill and passed away 6.. read more →
A New Jersey appeals court rejected a surviving spouse’s public policy argument to adopt a rule that marriage creates a “presumptive right” to a deceased spouse’s life insurance benefits when someone else was designated as the beneficiary of the policy, holding that the creation of any such presumptive right would have to come from the.. read more →
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by the NJ Institute for Continuing Legal Education. My presentation focused on recent developments in planning for disabled beneficiaries, including my recent victory in the New Jersey Supreme Court in the Thomas Saccone v. Board of Trustees of the Police and.. read more →
An issue concerning the payment of college tuition arose in a recent case that may be of interest to readers of this blog. In this case, the mother, who is my client, adopted two children later in life. Both children are now attending college. In the past few years, the mother has been paying college.. read more →
New Jersey trial judge ruled that a litigant may not appear at trial in a divorce case through an agent appointed by the litigant in a power of attorney (POA). Marsico v Marsico, Docket No. FM-15-1152-13-N (Chancery Div., Ocean County, Hon. L.R. Jones, J.S.C.) Louis and Beverly Marsico are both in their eighties, and married.. read more →
(Recently, I was the featured speaker at a meeting of the New Jersey Association of Professional Mediators. The subject was special needs planning for disabled spouses and/or disabled children in the context of divorce. The brief introduction to the subject given by the moderator follows, which is followed by a portion of the paper I.. read more →
The end of a marriage or relationship can be tragic enough. Often, the process of divorcing only adds to the pain. You and your spouse or partner may come to see each other as adversaries and the divorce as a battleground. You may experience feelings of confusion, anger, loss and conflict. Under such circumstances, you.. read more →
New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled that an application by a divorced spouse to pay child support for a disabled child into a special needs trust should be granted where the proponent shows that it is in child’s best interest to do so. This is a.. read more →
New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed in Ontario, Canada, in 2007. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses, but was barred from doing so by a federal law called.. read more →
Thomas v. Thomas, Docket No. A-2388-11T2 (N.J. Super. App. Div. June 4, 2013), involved competing claims against a $1 million life insurance policy maintained by the decedent. Mr. Thomas was survived by a wife, as well as an ex-wife, with whom he had 2 children. Pursuant to the Property Settlement Agreement (“PSA”) between Mr. Thomas.. read more →
New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit, holding that “excessive texting” from one divorced parent to the other does not necessarily amount to harassment. L.M.F. v. J.A.F.,Jr., Superior Court of New Jersey, Appellate Division, Docket No. A-0121-10T3, approved for publication. The parties married in 1989 and divorced.. read more →
In a case of first impression, a state judge in New Jersey has ruled that “a pregnant domestic violence victim [may] obtain pre-birth, advance protection for her unborn child against a violent abuser.” B.C. v. T.G., Superior Court, Chancery Division, Family Part, Ocean County, Docket No. FV-15-1033-13, approved for publication on May 3. B.C.. aged.. read more →
Presentation on the Impact of Elder Law Issues on Divorce Mediation
On Saturday, April 27, 2013, I presented a session on the impact of elder law issues on divorce mediation at the 2013 Annual Divorce Mediation Seminar by the New Jersey Association of Professional Mediators. The topics covered in my session included Social Security, including retirement, disability and survivors benefits, Supplemental Security Income benefits, Medicare, Medicaid,.. read more →
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey, Appellate Division decision in Matter of Sand, Docket No. A-1856-08T1 (App. Div., November 1, 2010). In that case, the appellate court affirmed the trial court’s ruling that the decedent’s daughter’s attempt to set aside her mother’s will, claiming undue influence.. read more →
The parties in this case had a brief relationship which resulted in the birth of a daughter. Several months prior to the child’s birth, defendant/father, Marcos Cozze, Jr., was in a devastating motor vehicle accident which resulted in permanent brain damage. A lawsuit was filed on defendant’s behalf. More than three (3) years later, a.. read more →
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super.Ct., No. 536 EDA 2011, May 7, 2012). John Pittas’ mother entered a nursing home for rehabilitation following a car crash in September 2007… read more →
Bill No. 1388 was recently introduced in the New Jersey Senate with an identical, companion bill, Bill No. 685, also introduced in the Assembly. This bill amends New Jersey Statute 2A:34-23, concerning child support and alimony, to provide that an obligor’s child support or alimony payments may be modified when an obligor’s income is diminished.. read more →
In Bond v. Bond, the Appellate Division considered whether a non-custodial parent’s creation of a special needs trust (“SNT”) can justify the elimination of that parent’s obligation to pay child support. Although it concluded that the non-custodial parent “may utilize a special needs trust to take advantage of government programs to lessen the burden on.. read more →
Divorce is never easy, but if a child or spouse with special needs is involved, there are special considerations. At the same time, family law attorneys aren’t always familiar with how to best protect a spouse or child with special needs during a divorce. Elder law attorneys can provide information to family law attorneys who.. read more →
General Divide all property according to divorce decree. Re-title ownership of assets, including your home and all motor vehicles, and inform mortgage company, if any, of changes in ownership of real estate. Change the name of responsible party on utility bills, and notify auto insurer. Update your mailing address with credit card companies, banks,.. read more →
Plaintiff husband and his wife were involved in divorce proceedings. In connection with those proceedings, plaintiff’s wife hired defendants, Innovative Investigations, Inc., and its principal Richard P. Leonard, to investigate plaintiff’s suspected infidelities. In the course of the investigation, defendant Leonard suggested to plaintiff’s wife that she place a GPS device on a family vehicle.. read more →
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