Second Amended Final Judgment of Divorce Reversed on The Issue of Child Support

December 2, 2021

Smith v. Smith Docket No. A-4226-18 Decided November 29, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s second amended final judgment of divorce on the issue of child support after the court failed to explain its reasoning for removing an adjustment for equally…

The Focus of Title 9 Is Not The “Culpability of Parental Conduct” But Rather “The Protection of Children.”

November 2, 2021

NJ DCPP v. C.F. and M.L. Docket No. A-1550-19 Decided November 1, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed a finding of abuse and neglect after defendant left the child in a seat and fled the apartment after the other party went after him…

A Child Living Away at Boarding School May Warrant a Modification of Child Support

July 7, 2021

Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,…

Parenting Time in NJ Is A Constitutional Right; Each Party Has Equal Rights to Have Relationships with Their Children

May 6, 2021

P.T. v. A.T. Docket No. A-1211-19 Decided May 5, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division overturned a trial court’s denial of defendant’s parenting time for four years, solely on the basis of an allegation that defendant viewed pornography in the presence of the child. In…

Understand the Discretion Trial Courts Have for Final Determinations and Adjournment Requests

May 4, 2021

Thomas v. Thomas Docket No. A-1700-19 Decided May 3, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to allow plaintiff’s attorney to be relieved at the day of trial in addition to alimony award of $39,160 per year and dividing of real…

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.,…

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…

Order Denying Defendant’s Request to Terminate His Alimony Obligation

December 31, 2020

Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7…

Modifying Child Support and Alimony on Changed Circumstances After Plaintiff’s Business Was Investigated for Fraud

December 23, 2020

T.S. v. P.T. Docket No. A-0679-18T2 Decided December 22, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order modifying child support and alimony on changed circumstances after plaintiff’s business was investigated for fraud and lost a contract. In T.S., after 14 years of…

Decrease in Alimony and A Credit to Overpaid Child Support as A Result of a Disability and Change of Circumstances

December 8, 2020

Stewart v. Alicea Docket No. A-5135-17T2; A-1048-19T1 Decided December 7, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony and a credit to overpaid child support as a result of a Social Security decision of…