Who’s Your Parent?: Defining Parentage in a World of Changing Family Structures

The concept of “family” is ever changing and developing. As family structures broaden, the people who care for and raise children extend more and more beyond just biological parents. Grandparents, same-sex parents, step-parents, and many others are developing strong parental bonds with children and fighting to maintain those bonds through the courts.  The first step for… Read More

Can the Door to Divorce Litigation Be Reopened After A Decree Has Been Issued?

The Finality of a Divorce Decree: The Limited Grounds for Challenging Decrees and Imposing Constructive Trusts One of the most difficult legal challenges in the realm of family law is reopening a divorce decree. Generally, the law favors the finality of judgments; however, the Divorce Code outlines certain extraordinary circumstances upon which a decree may… Read More

Breaking Up May Get Harder To Do: How the New Tax Laws Change the Tax Treatment of Alimony

The tax treatment of alimony will change starting in 2019. The payor spouse will no longer be able to deduct the alimony payments and the recipient spouse will no longer pay taxes on the receipt of the alimony. The income will now be taxed at the higher payor rate, resulting in more taxes to the government. Nothing will change for parties who are already paying alimony pursuant to property settlement agreements or court orders containing alimony payments. Read More

New Relocation Law: The Dramatic Change for New Jersey Family Court

The New Jersey Supreme Court stated in its opinion, Bisbing v. Bisbing, 2017 WL 3392717, that there is no longer a presumption that a parent of primary residence (otherwise known as the “primary custodial parent”) can relocate with the children to another jurisdiction over the objection of the other parent. Read More