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Heather Darling

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Do Child Support and Tuition Continue Through Grad School?
Child Support laws in New Jersey changed effective February 1, 2017. Included among the changes was the presumption of emancipation at the age of 23. In light of then upcoming changes in the child support laws, a New Jersey Superior Court judge struggled,...

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High Income Divorce With Extra Complications
In the high income divorce of Jennifer Maynard and Chad Michna, the parties disputed child support. The parties each had a prior marriage and in each marriage a child with special needs was born. One child was born of the marriage and the parties’ relatio...

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Juvenile's Waiver of Miranda Rights Upheld
D.N., was a 16 year old juvenile when charged with offenses that, if committed by an adult would include second-degree unlawful possession of a handgun (N.J.S.A. 2C:39-5(b)); possession of under 50 grams of marijuana (N.J.S.A. 2C:35-10(a)(4)); defiant tresp...

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Small Business Divorce Results in Imputed Income
In this divorce matter involving a small business , Avraham Arbely appealed the decision of the judge as to imputation of income to Arbely, thereby increasing his alimony payment, bias by trial judges and other matters. Lea Brandspiegel-Arbely and Avraham ...

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Robbery Trial 2 Years After Arrest and Right To Speedy Trial
Antonio Jones was convicted of first-degree robbery (N.J.SA. 2C:15-1) and fourth-degree obstructing the administration of law (N.J.S.A. 2C:29-1) in the Superior Court of New Jersey, Law Division. Jones was sentenced to an extended term including life witho...

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DUI Charges Follow Without Miranda After Accident
John Martens was charged with driving while intoxicated (DWI) (N.J.S.A. 39:4-50) after attempting to walk away from his burning vehicle. A passerby reported a vehicle fire and that the vehicle’s driver was attempting to leave the scene. The vehicle had da...

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In Child Custody Matters, Custody Neutral Assessments Have Limited Admissibility
In a child custody matter, a report issued in a Custody Neutral Assessment (C.N.A.) was not admissible as substantive evidence but was admissible for the limited purpose of the impressions of the assessor and statements and conduct of the parties during the...

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Bat Used in Assault Suppressed After Illegal Police Search
Kenneth Barbour was arrested for aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1(b)(2)), resulting from an alleged assault on his neighbor. Upon arriving at the scene, police were told by the bloody victim, that his neighbor used a black baseball...

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With Overnight Parenting Time Comes Responsibility
The NJ Superior Court addressed mid-week overnight parenting time with a non-custodial parent when there were allegations that the children’s performance in school was being hampered by the arrangement in M.C. v. P.C. The court held that the best interests ...

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Cohabitation Excluded From Property Settlement Agreement Fails To End Alimony
Frick v. Frick was a post-judgment application to terminate alimony based on co-habitation. The parties divorced in 2009 with the court making no findings with regard to alimony, equitable distribution or other matters. The terms of the divorce were set f...
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