Denial to Vacate A Custody and Child Support Order Entered Nearly 8 Years Ago

April 8, 2021

K.A.B. v. M.P. Docket No. A-4153-18 Decided April 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of plaintiff’s motion to vacate a custody and child support order entered nearly 8 years ago. In K.A.B., plaintiff and defendant have one child, K.P.,…

The Use of Consent Orders When Coming to Agreements in Divorce and Family Cases

March 30, 2021

Mariana v. Mariana Docket No. A-1240-19 Decided March 29, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of defendant’s motion to require plaintiff to pay half of outstanding tax liabilities after a division of retirement accounts resulted in an unforeseen tax bill.…

Cohabitation Is One Path to Terminate an Alimony Obligation

March 24, 2021

Clemas v. Clemas Docket No. A-5029-18 Decided March 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a dismissal of a motion to terminate alimony based on cohabitation because defendant failed to show evidence of comingled funds and any further evidence that the individuals were residing…

Whether the Termination of Alimony Payments Is Appropriate or Not

March 23, 2021

Submitted by New Jersey Family Lawyer, Jeffrey Hark. In January 2013, the parties divorced after fourteen years of marriage. They had two children together. The trial court entered a final judgment of divorce in June 2014, and pursuant to the final judgment, defendant pays plaintiff $2,500 per month in alimony. Defendant filed an initial motion to…

Motion to Vacate an Arbitration Award Based on an Approval of Social Security Disability

February 26, 2021

Souza v. Souza Docket No. A-0293-19 Decided February 25, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a denial of plaintiff’s motion to vacate an arbitration award based on her approval of Social Security Disability after the arbitration award. In Souza, Plaintiff and defendant Sergio Souza…

J.M. v. C.K. FAMILY LAW 2021-01-19  NJ Appellate Division

January 29, 2021

In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. Submitted by New Jersey Family Lawyer, Jeffrey Hark. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody of their children. However, the primary residence of the children…

Counsel Fees (And Counsel Fee Awards) Are Always an Issue When Lawyers Are Involved in a Divorce

January 29, 2021

Wilk v. Wilk Docket No. A-5013-18T1 Decided January 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s decision to award plaintiff $40,000 in counsel fees payable by defendant at the conclusion of their divorce. In Wilk, The parties were married for eighteen…

When seeking a modification to custody agreements, these items must be evaluated.

January 26, 2021

J.M. v. C.K. FAMILY LAW-Filed: 2021-01-19 NJ Appellate Division Submitted by Family Law Firm, Hark and Hark. In this case, there is a custody battle between mother (J.M) and father (C.K) over their two children. The defendant and plaintiff divorced after more than 10 years of marriage. The property settlement agreement (PSA) provided joint custody…

Oral Argument Is Rarely Denied in Navigating Complex Matters in Family Law Such as Modifications of Parenting Time

January 19, 2021

Robertelli v. Robertelli Docket No. A-1187-19T2 Decided January 15, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reversed a trial court’s denial of oral argument and plaintiff’s motion to modify parenting time. In Robertelli, the parties were married for 13 years before divorce and had…

Promissory Estoppel – Compensation for Half the Value of An Unfinished Home Promised Prior To Divorce

January 14, 2021

Fischer v. Fischer Docket No. A-5294-18T2 Decided January 13, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reviewed a trial court’s order giving $167,000 to defendant from plaintiff’s parents in compensation for ½ value of an unfinished home plaintiff’s parents promised the parties prior…