Affirmed: Several Post Judgment Orders From 38 Post Judgment Motions Filed by Plaintiff, Often Requesting the Same Relief

March 4, 2022

S.M. v. J.T. Docket No. A-5359-18 A-4428-19 Decided March 3, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed several post judgment orders resulting from 38 post judgment motions filed by plaintiff, often requesting the same relief. In S.M., The parties, who divorced in 2014, have an…

Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

January 20, 2022

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

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 In a recent unpublished decision the Appellate Division reversed a finding of abuse and neglect after defendant left the child in a seat and fled the apartment after the other party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…

JUDGES IN FAMILY COURT CAN DESIGNATE COUNSEL FEE AWARD AS NON-DISCHARGEABLE IN BANKRUPTCY

July 8, 2021

Bisbing v. Bisbing Docket No. A-0138-20 Decided July 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division affirmed an attorney fee award in a post-judgment divorce action as non-dischargeable in bankruptcy proceedings. In Bisbing, the parties divorced in April 2014. One year later, plaintiff sought to relocate…

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 In a recent unpublished decision the Appellate Division overturned a trial court’s denial of defendant’s parenting time for four years, solely on the basis of an allegation that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.,…

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…

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…