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Family Law Blog for Snyder Sarno D'Aniello Maceri & da Costa

Partner Stacey A. Cozewith Certified as Matrimonial Law Attorney

Mar 10, 2017 — by Snyder & Sarno
Tags: Certified Matrimonial Attorney Supreme Court Divorce

We are delighted to announce that the Supreme Court of New Jersey recently designated Partner Stacey A. Cozewith as a Certified Matrimonial Law Attorney!  This certification recognizes Stacey’s considerable knowledge, experience, and skill in matrimonial law practice, as well as her irreproachable character.

Child Support Obligation While Child Is Enrolled in Full-Time Master's

Feb 22, 2017 — by Snyder & Sarno
Tags: Child Support Divorce Education Emancipation

Pursuant to N.J.S.A. 9:17B-3, a child was presumed to be emancipated when he or she reaches age 18.  However, this presumption is not conclusive, and the child is still entitled to parental support if he or she has not moved “beyond the sphere of influence and responsibility exercised by a parent and obtained an independent status.”

Appellate Division Affirms Equal Custody Arrangement

Feb 21, 2017 — by Snyder & Sarno
Tags: Custody Navy Child Support

The mother and father in Fisher v. Szczyglowski, who are both Navy employees, had a son together in January 2014, after they had been dating for 2 years.  The mother works at the Philadelphia naval base and lives in New Jersey, and the father lives and works in Maryland.  Because of the Navy’s maternity and paternity leave benefits, the mother and father were able to live together with their son for about 5 months following his birth.  From January until March 2014, they lived at the mother’s home in New Jersey.  When the father’s paternity leave ended in March, they lived in the father’s Maryland residence during the week, and at the mother’s home on weekends.

Family Part Must Permit Discovery Where Husband Made Prima Facie Case

Feb 17, 2017 — by Snyder & Sarno
Tags: Alimony Child Support Divorce Discovery

The husband and wife in Tomicki v. Tomicki married in 1994, had a daughter together in October 1995, and divorced in 2010.  The property settlement agreement (PSA) that was incorporated into their judgment of divorce required the husband to pay $800 per month in alimony in addition to his child support obligation.  In early 2014, the husband filed a motion requesting termination of his alimony obligation, claiming that the wife’s income had increased by nearly $30,000 per year since the divorce.  In a May 30, 2014 order, a Family Part judge concluded that if the husband could support this allegation, he would make a prima facie showing of changed circumstances.  However, that judge denied the motion without prejudice because the husband failed to submit a case information statement (CIS).

Wife Caused Damage to Former Marital Home

Feb 16, 2017 — by Snyder & Sarno
Tags: Equitable Distribution Divorce Plenary Hearing

The husband and wife in Glovich v. Slaight were married in April 2002, had one daughter together in July 2005, and divorced in April 2013.  During the divorce proceedings, they entered into a marital settlement agreement (MSA) that addressed, among other things, equitable distribution.  The MSA provided that the marital home would be transferred to the husband as long as he could refinance the 2 mortgages on the property, and he would then retain exclusive possession thereof. Because the wife was in sole possession of the home during part of the litigation, the MSA also stipulated that she would vacate by August 31, 2013, and that any property damage that occurred during her occupancy would be addressed by post-judgment motion practice if the husband and wife could not agree on reimbursement. 

Appellate Division Denies Review of Trial Court Decision

Feb 15, 2017 — by Snyder & Sarno
Tags: Arbitration Equitable Distribution Divorce

The Alternative Procedure for Dispute Resolution Act (APDRA) generally prohibits appellate review of a trial court's confirmation of an arbitrator’s decision.  Whether the trial court modifies, corrects, or wholly affirms the arbitration award, the Legislature has unequivocally stipulated that “there shall be no further appeal or review of the judgment or decree”—with some limited exceptions.  The APDRA limitation on appeals is entirely inapplicable to child support issues and an arbitrator’s award of counsel fees.

Trial Court Erred in Continuing Alimony

Feb 14, 2017 — by Snyder & Sarno
Tags: Agreement Divorce Pension Retirement

The husband and wife in J.L.C.C. v. V.H.C. were married in 1979, had 3 children together, and divorced in 2001.  The property settlement agreement (PSA) that was incorporated into their judgment of divorce provided that the husband would pay $400 per week in permanent alimony and $150 per week in child support.  In addition, the PSA stipulated that the husband's government pension from his job as a Department of Defense engineer was subject to equitable distribution.  The husband also had a Thrift Saving Plan, from which he would pay the wife $13,800 in exchange for her relinquishing claims to any further funds from that plan or his separate Individual Retirement Account.

Wife Entitled to a Portion of Closing Bonus Received Post-Divorce

Feb 13, 2017 — by Snyder & Sarno
Tags: Equitable Distribution Divorce Closing Bonus

The husband and wife in Thieme v. Thieme were married for only 14 months, but cohabited for 8 years before the marriage.  They began dating in early 2001, and moved into an apartment together in mid-2002 after they discovered that the wife was pregnant.  Their daughter was born in January 2003.

Little League Parent Syndrome

Feb 10, 2017 — by Snyder & Sarno
Tags: Divorce Little League Baseball Custody Parenting Time

The mother and father in D.W. v. M.W. are separated and, pursuant to a January 2016 court order, are prohibited from physical contact with one another.  However, they have a 7-year-old son and an 11-year-old daughter together, and thus agreed to communicate via text message and email regarding child-related issues.  This agreement was memorialized in the January 2016 order.

Settlement Proceeds for Claims Not Pursued Until After Divorce

Jan 27, 2017 — by Snyder & Sarno
Tags: Marital Settlement Agreement Divorce Alimony Child Support

The husband and wife in Pandya v. Shah were married in September 2010 and had one child together.  The husband filed for divorce in January 2012, and the final judgment of divorce (FJOD) was entered on January 14, 2013.  The FJOD incorporated a marital settlement agreement (MSA) that addressed equitable distribution, alimony, and child-related issues.

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