By Jason Grant | June 23, 2017
A Manhattan judge properly imputed income in a divorce to an Ivy League-educated wife who stopped full-time lawyering in 1999, since she maintained her law license, engaged in professional activities and did consulting work, an appeals court has ruled.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly found mother in contempt for relocating with the children in contravention of an order directing compliance with §5337 but trial court erred in finding her in contempt for enrolling child in preschool because there had been no legal determination of custody and abused its discretion in changing custody as a contempt sanction because there was no express notice that custody would be at issue. Affirmed in part and reversed in part.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Husband's failure to make minimum monthly payments on an equitable distribution award constituted contempt, and wife was entitled to judgment for total unpaid installments, plus attorney fees. The issue of double-dipping from the same resource to pay support and the property division payments could have been addressed by a modification proceeding, which husband failed to pursue.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Mother appealed trial court's order denying her petition asserting that a sperm-donor contract existed between her and child's biological father and that father lacked standing in the child custody case but the order she appealed from was not a final order since it was entered in an ongoing child custody proceeding and was not a compete resolution of the pending custody claims. Appeal quashed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly terminated mother's parental rights where child was adjudicated dependent shortly after birth, had strongly bonded with foster/pre-adoptive mother and mother's mental health and drug and alcohol problems interfered with her ability to care for the child, she had not utilized all available resources to deal with her problems and failed to do what needed to be done to establish a parent-child relationship with the child. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
CYF failed to make reasonable efforts at facilitating permanency plan of reunification where court ordered family trauma therapy and CYF failed to adequately communicate the purpose of the court-ordered therapy to its contracted provider such that children's progress was delayed to due assignment to therapy unqualified to address family's needs. Order of the trial court affirmed.
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By njlawjournal | New Jersey Law Journal | June 22, 2017
Venue Transfer Erroneous without Notice to State & Defendant and without Proper Deference to Presumption against Transfer
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By Joni Berner | June 21, 2017
It's unfair to be too critical of lawyers who are quick to throw up their hands at preliminary junctures of civil disputes and repeat the oh-so-common mantra, "See you in court!" After all, we were trained in law school to be zealous advocates and the judicial system is geared to reward steadfast—sometimes just plain obstinate—adherence to a "strong" legal position. Consistently pounding the law, even when connection to the facts is tenuous, often results in victory and, in most situations, at least produces even odds of success.
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By Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 21, 2017
The Georgia Supreme Court has ruled that disability benefits issued pursuant to an insurance policy after the insured had been catastrophically injured were non-marital property and were not subject to equitable division when the insured and his wife divorced.
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