(973) 403-9200

Domestic Violence Orders

Posted On : 31 July 2017 By: Charles Vuotto

Our Courts have rejected the suggestion that a one-year time period be engrafted onto New Jersey’s Domestic Violence Statute (N.J.S.A. 2C:25-29d) related to the duration of Final Restraining Orders. Such a determination is deferred for legislative action. The linchpin in any motion addressed to dismissal of a final restraining order is whether there have been read more

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How to Locate the Best NJ Divorce Lawyer for You

Posted On : 31 July 2017 By: Charles Vuotto

If divorce is looming, it is highly advisable that you consult with an experienced family law attorney in or about the county where the marital home is located. Representing yourself is permissible, but fraught with pitfalls. In selecting an attorney, you should look for someone who dedicates his or her practice to family law, is read more

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NJ’s Child Support Guidelines

Posted On : 31 July 2017 By: Charles Vuotto

The premise of NJ’s Child Support Guidelines is that (1) child support is a continuous duty of both parents, (2) children are entitled to share in the current income of both parents, and (3) children should not be the economic victims of divorce or out-of-wedlock birth. The economic data and procedures of these guidelines attempt read more

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Civility Between Divorcing Parents is Key

Posted On : 31 July 2017 By: Charles Vuotto

Children have a paramount need to have functional rather than dysfunctional parents, who can civilly cooperate with each other and serve as positive role models for their children in the process. See Madison v, Davis., supra 438 N.J. Super at 45. For more information about your rights in divorce, please contact Chuck Vuotto at cvuotto@starrgern.com read more

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Mid-Week Visitation

Posted On : 31 July 2017 By: Charles Vuotto

As recently stated in an unpublished decision by Judge Jones from Ocean County, 1) A parenting schedule between divorced parents must reasonably consider a child’s best interests, including educational interests, and must account for each party’s responsibility to dutifully oversee their child’s academic obligations and schedule; 2) A non-custodial parent’s request for mid-week, overnight parenting read more

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Don’t Interfere with Other Parent’s Parenting

Posted On : 31 July 2017 By: Charles Vuotto

Don’t take sides or take issue with the day-to-day decisions or actions made by the other parent, especially in front of the children. For more information about your rights in divorce, please contact Chuck Vuotto at cvuotto@starrgern.com or by phone at his Roseland, NJ office (973) 403-9200. You may also read more articles on divorce read more

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Interventions for Children Going Through Divorce

Posted On : 31 July 2017 By: Charles Vuotto

“Current evidence suggests that the loss of contact with parents, economic difficulties, stress, parental adjustment and competence, and inter-parental conflict all contribute at least to some degree to the difficulties of children. Some new findings shift our attention from major problems to milder but important long-term painful memories and feelings of helplessness. These feelings can read more

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Determining Ability to Earn for Support Purposes

Posted On : 31 July 2017 By: Charles Vuotto

“One of the strongest indicators of a party’s ability to earn is the salary, which he or she was recently earning, especially when a party has been unemployed for only a brief period of time… The courts have recognized that when parties suffer temporary physical setbacks the loss may not be shifted to the children.” read more

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Voluntary Unemployment and Support

Posted On : 31 July 2017 By: Charles Vuotto

“A parent who voluntarily leaves the world of gainful employment for however a good reason, does not thereby foreclose inquiry into the need for child support and the responsibility for that parent to supply it.” Bencivenga v. Bencivenga, 254 N.J. Super 328, 331 (App. Div. 1992) For more information about your rights in divorce, please read more

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Imputation of Income and Support

Posted On : 31 July 2017 By: Charles Vuotto

There is no functional difference between imputing income to the supporting spouse earned from employment vs. that earned from investment. In both instances, the supporting spouse is required to earn more from an asset, either his or her human capital in the form of employment or his or her investment capital, or risk having more read more

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