Posted on Wed, Dec 19, 2012 @ 05:58 AM
SUPREME COURT RELEASES MAN JAILED AS ALIMONY, CHILD SUPPORT DEADBEAT
The state Supreme Court on Monday ordered the release of a Hunterdon County man who had been jailed for more than eight weeks for falling behind in his alimony and child support payments and for failing to pay arrears. The court, in a 5-2 vote, granted John Waldorf's petition for a stay pending the disposition of his appeal to the Appellate Division. Roseanne DeTorres, the attorney for his former wife, Lisa Waldorf, says Waldorf, 60, walked out of the Hunterdon County Jail Monday afternoon. The order, signed by Chief Justice Stuart Rabner, also requires the Appellate Division to expedite the appeal. Hunterdon County Superior Court Judge Hany Mawla ordered Waldorf jailed on Oct. 19 after he had fallen approximately $60,000 behind in his alimony payments.
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Posted on Thu, Jan 26, 2012 @ 08:30 AM
Child-custody disputes are as fleeting as youth, but surnames last a lifetime. That reality was front and center as an appeals court denied a divorced mother's attempt to strip her offspring of their father's name. The court, in Emma v. Evans, A-2303-10, said a Burlington County judge erred in applying a presumption — arising in cases of children born out of wedlock — that a primary custodian has the upper hand on naming decisions. Here, the parties had joint legal custody, agreeing to share "authority and responsibility for making major decisions regarding the welfare of the children," and "neither possessed a superior right in such an important matter," the Appellate Division held on Jan. 20.
NJLJ 1/24/2012
BEST INTERESTS OF CHILDREN OF DIVORCE GOVERN DECISIONS ON CHANGE OF NAME
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Posted on Wed, Nov 16, 2011 @ 08:48 AM
SPIKE IN INCOME AFTER MARITAL SPLIT CAN BE FACTORED INTO ALIMONY DETERMINATION
A breadwinner's sharp rise in income following a marital breakup can be used in calculating alimony, especially if the other spouse's support during the marriage enabled the earner's success, an Ocean County judge ruled Tuesday. Superior Court Judge Lawrence Jones rejected James Dudas's argument that alimony should be based solely on what he was earning before he and his wife Pamela separated. "While on the surface there may appear to be logic and an attractive simplicity to defendant's position, the financial complexities of divorce weigh heavily against completely excluding defendant's post-complaint income from consideration in the alimony analysis," Jones wrote in Dudas v. Dudas, FM-1692-10N. During their 26-year marriage, James averaged $40,000 annually, but after Pamela filed for divorce, he began enjoying dramatic increases in income.
NJLJ 11/2/2011 Spike in Income After Marital Split Can Be Factored Into Alimony Determination
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Posted on Thu, Sep 01, 2011 @ 09:53 AM
EX-SPOUSE'S ANGRY, REPEATED TEXTING NOT HARASSMENT, APPEALS COURT SAYS
Excessive texting" from one divorced parent to the other does not necessarily amount to harassment, a state appeals court said Monday in a published decision reversing a final restraining order. The husband's sending of 18 angry messages in the space of three hours "shows only the convergence of modern technology and the foibles of human judgment," the Appellate Division held in L.M.F. v. J.A.F., A-121-10. While texting is a good communication mode between estranged couples because of brevity and impersonality, it still is susceptible to "frustration and misuse" if parties do not cooperate, the court said, calling the husband's behavior "dysfunctional" but not done with the requisite intent to harass.
NJLJ 8/23/2011
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Posted on Fri, May 13, 2011 @ 07:02 AM
Sachau v. Sachau
NJ Law Journal 5/13/2011
Because the judgment of divorce was silent regarding the value to be ascribed to the marital home if it was not sold upon the triggering event, it fell to the court to supply that omitted term.
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