Notable Cases

Ferrer v. Colon, 463 N.J. Super. 12 (Ch. Div. 2019)

This matter addresses the calculation of child support and the issue of whether available overtime which has not been elected, should be imputed to a parent for purposes of calculating child support. The court determined that, as long as a party is employed full-time, while their complete salary (including overtime and second jobs) will be utilized in calculating child support, there cannot be an imputation of income above that for potential or available overtime.

State v. Duprey, 427 N.J. Super. 314 (App. Div. 2012)

Elena successfully argued, and the Appellate Division found, that testimony given by a party during a trial of a domestic violence matter can be used to cross-examine the party in a related criminal trial.

L.S.R. v. S.T., 2021 N.J. Super. Unpub. LEXIS 2862

Appellant appealed the lower court’s decision as to allocating the child tax exemption, modification of child support, and an award of counsel fees. The Appellate Division affirmed the lower court determination.

Feinstein v. Feinstein, 2018 N.J. Super. Unpub. LEXIS 1459

Appellate division matter in which the termination of alimony after a 7-day trial, was appealed. The Appellate Division upheld the lower court’s termination of alimony.

Coney v. Banks, 2020 N.J. Super. Unpub. LEXIS 1548

Appellant appealed the lower court’s decision as to modification of parenting time and parenting time transportation obligations, as well as an award of attorney fees. The Appellate Division agreed with Appellant’s arguments, reversing and remanding the matter to the lower court.

N.B. v. J.A.B., 2017 N.J. Super. Unpub. LEXIS 56

In an appeal of a Final Restraining Order, the issue was the lower court’s consideration of social media posts, statements made during therapy, and that the plaintiff had proven the offenses contained within the restraining order. The Appellate Division reversed and vacate the final restraining order.

Zhang v. Lou, 2022 N.J. Super. Unpub. LEXIS 1731

Appellant appeals the lower court determination as to costs associated with sale of a real estate asset; college tuition and related expenses for their two daughters; child support arrears; and counsel fees. The Appellate court reversed and remanded.

Nixon v. Nixon, 2011 N.J. Super. Unpub. LEXIS 1401

The lower court denied the appellant’s motion to amend the judgement of divorce arguing that the written agreement differed from the terms placed orally on the record. The Appellate Division determined that there should be an amendment to reflect the intent of the parties which was placed orally on the record.

C.K. v. A.P., 2010 N.J. Super. Unpub. LEXIS 2590

Elena successfully argued the appeal of a Final Restraining Order, arguing that the parties did not have a dating relationship, and as such there was no jurisdiction for the lower court to have issues a temporary or final restraining order.

C.R.S. v. H.D., DOCKET NO. A-2870-22 (App. Div. 2023)

Appellant sought to appeal the lower court’s denial of his request to change of parenting time. Elena successfully defended the lower court’s decision, and the Appellate Division upheld the denial of the change in parenting time.

K.F. v. J.C.C, DOCKET NO. A-3609-18T2 (2020)

After a Final Restraining Order was issued by the lower court, Appellant sought to vacate the Order, which was denied by the Appellate Division, who upheld the issuance of the Final Restraining Order.

Elena Weitz