October 8, 2024

John D. McCarthy Obtains Favorable Decision After Family Court Trial

 

       A Superior Court of New Jersey judge recently issued a decision in favor of a family law client of Schenck, Price, Smith & King. Partner Tanya N. Helfand has represented the client since 2017. In 2022, attorneys for the client’s ex-husband filed a motion to terminate alimony, alleging that our client had remarried in another country in 2018. The ex-husband’s motion relied upon a marriage certificate that was allegedly obtained overseas. The ex-husband sought reimbursement of over $500,000 in alimony payments since 2018, as well as nearly $200,000 in legal fees.
The court ordered a trial to determine whether Schenck Price’s client had in fact remarried, and whether the alleged marriage certificate was authentic. Our client was represented at trial by partner John D. (Jake) McCarthy. Mr. McCarthy was assisted in trial preparation by Ms. Helfand and associate Jacqueline F. Pivawer. The trial lasted five days and included eight witnesses. Three expert witnesses testified.
Mr. McCarthy presented witnesses and evidence at trial that proved that the alleged marriage certificate was not authentic. Additional witnesses confirmed that the marriage never happened.
The judge read her nearly three hour decision on September 4, 2024. The court denied the ex-husband’s motion to terminate alimony. The court further ordered the ex-husband to reimburse Schenck Price’s client for all of her attorney and expert fees and costs since 2022.

*Results may vary depending on your particular facts and legal circumstances.