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The April 23, 2009 published appellate decision in Chandok v. Chandok addressed a setting where the trial Judge should have disqualified himself from hearing a divorce case.
In Chandok, the appellate decision reversed the trial court judge's decision not to remove himself from the matter, vacated the judgment entered by that judge as a result of the trial and remanded the matter... Read More
Based on a recent NJ Court decision, who gets the family pet in a break up setting, just got more complicated.
Courts in New Jersey traditionally viewed pets like chairs and personalty and were reluctant, if not down right opposed, to making pet ownership determinations in a break up setting. In fact, many if not most judges considered court action concerning family pets to be frivolous and a waste of precious judicial resources. The reason for this is that New Jersey... Read More
For reasons unknown to this writer, while the economy continues to falter and unemployment continues to skyrocket, the New Jersey senate has focused its energies on rewriting the laws of this state on the subject of Palimony, requiring all agreements between unmarried cohabitants to be in writing to be enforceable.
As such, regardless of whether you are gay or straight, if you are living in a family-type relationship with another person and relying on promises of support and... Read More
In today’s difficult economic environment, with layoffs, salary reductions and unemployment a harsh reality, many people are finding it difficult or impossible to meet their alimony or child support obligations. Worse, there is a tremendous fear as to what a court will do if someone can no longer afford to pay the court ordered or agreed upon level of support because of a job loss or salary reduction.
Historically, the simply remedy was to file an application to the court... Read More
Depends. If you are still married, emancipation occurs when you and your spouse decide that it is time for your child to stand on his / her own. But, if you are divorced, even if a settlement agreement says that emancipation occurs at 18 or upon graduation from high school, a judge still has the right to override the terms of that agreement and continue an obligation for support upon parents for that child.
In New Jersey, the legal standard for emancipation is "[w]hen a... Read More