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Our Appellate Successes

In family law, as in other areas of law, a court decision can be appealed if the judge made the wrong decision or a legal mistake affected the outcome of your case. You may also need to defend a court decision that was decided in your favor. No matter what reason you choose to appeal, you must select your lawyer carefully.

Many family law attorneys choose not to practice Appellate Law. Practice in the Appellate Division of the Superior Court of New Jersey requires a unique set of research, writing and oral advocacy skills. However, the attorneys at Saminski Rodriguez Law Group, LLC excel at Appellate Law. You can rely on our specialized knowledge of divorce and family law as well as our skills as appellate attorneys.

We take appeals of cases that were originally tried by other attorneys. Sometimes a case is referred to us by an attorney who does not practice Appellate Law. In some situations, a client is unhappy with the prior attorney's performance and chooses our firm for the appeal. We also defend our own successful trial outcomes at the appellate level in all areas of family law. We are confident in our own work; however, if an inequitable court decision occurs, we are always prepared to move forward with an appeal.

Below is a summary of some of the recent cases that we have successfully argued on appeal.

Kiely v. Kiely, No. A-0738-12T4, 2013 N.J.Super. Unpub. LEXIS 2784 (App. Div. Nov. 19., 2013)

Representing the Father on appeal we were successful in having that portion of the Motion Judge's Order finding his daughter "unemancipated" reversed. We argued, among other things, that the Judge erred in not finding the daughter emancipated due to her failure to enroll in any school as well as her inconsistent attendance at school. The Appellate Division found that the evidence presented by the daughter was insufficient to support the Motion Judge's decision. Completing some evening classes during a single semester in three years and an expressed intent to register for courses in the future does not defeat a Motion for Emancipation. Now our client will not be obligated to provide support without a sufficient showing of proof.

Blancas v. Blancas (N.J. Super., 2012)

We succeeded in lowering the amount of income imputed to our client for purposes of child support. The trial court imputed $136,791.00 in annual income to the plaintiff, due to his previous employment as an attorney in Mexico and his recent legal education in the United States. The Court chose this income based upon the testimony of defendant's expert. We were able to demonstrate that the imputation of income was not equitable because it was comparable with the salary of an attorney in the New York City metropolitan area, and that our client had never practiced law in the United States, nor was he licensed to do so. Due to the success of this Appeal, the amount of our client's child support payment was re-evaluated. Our firm did not represent the plaintiff at the trial level.

Falkowski v. Falkowski (N.J. Super., 2011)

Representing the plaintiff, our firm succeeded in arguing for unequal distribution of equity in our client's favor due to his personal labor in renovating both the marital home and the vacation home. We argued, and the court agreed, that our client was entitled to a greater share of the property (in excess of 50%) due to his sacrifice and hard-work, which the judge referred to as "sweat equity." We represented the plaintiff at trial and defended the appeal.

Drakeford v. Rivers (N.J. Super., 2010)

As a result of documents signed by the client before she retained us, the trial court awarded custody of the children to the plaintiff without a plenary hearing. Representing the children's mother, we were successful in arguing that the court should conduct a full and complete hearing before awarding custody. This successful appeal was crucial in order for our client to achieve a fair hearing. We represented the client in trial court and brought the appeal.

Levine v. Levine (Unpublished, 2007)

Representing the defendant mother, we successfully defended the plaintiff's appeal. Plaintiff argued that the trial court improperly added back certain tax deductions when calculating his gross income for purposes of determining child support. We were successful in showing that the accelerated method of depreciation used by the plaintiff for calculating his depreciation expenses was excluded by the child support guidelines. In addition, we were also able to show that deductions for home office expenses are excluded by the guidelines. We were able to show that a disbursement from a retirement account is properly counted as income. Lastly, we were successful in arguing that the guidelines provide for the inclusion of interest income from investments in calculating gross income for child support. By combating claims made by the plaintiff, we were able to protect our client's child support award for her children at the Appellate level. We represented the defendant both at trial and defended the appeal.

Our attorneys are determined to provide a favorable result for our clients. While our desire is to succeed at the trial level, we will not hesitate to challenge certain decisions on appeal. Your goals are always our priority at Saminski Rodriguez Law Group, LLC

Saminski Rodriguez Law Group, LLC

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Our divorce lawyers and family law attorneys can assist you from our five office locations:

79 Hudson Street, Suite 201
Hoboken, NJ 07030
(201) 653-0300

772 Central Avenue
Westfield, NJ 07090
(908) 301-1111

43 West 43rd Street, Suite 66
New York, NY 10036
(212) 653-1909
By Appointment Only

483 Port Richmond Avenue
Staten Island, NY 10302
(929) 352-5566
By Appointment Only

55 Madison Avenue, Suite 400
Morristown, NJ 07719
(800) 701-8747
By Appointment Only

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From our law offices in Hoboken, Westfield, Morristown and New York City the divorce lawyers, family law attorneys, child support lawyers, custody lawyers, alimony and spousal support lawyers of Saminski Rodriguez Law Group, LLC represent clients in Northern New Jersey and the communities of Jersey City, Hackensack, North Hudson, Bayonne, Hoboken, East Newark, Kearny, Guttenberg, Harrison, Secaucus, Weehawken, West New York, Union City, North Bergen, Clifton, Paterson, Passaic, Morristown, Elizabeth, Somerville, New Brunswick, Westfield, and Freehold, New Jersey, as well as residents of Hudson County, Essex County, Hunterdon County, Ocean County, Passaic County, Morris County, Monmouth County, Somerset County, Middlesex County, Union County, Warren County and Bergen County. We also represent clients in New York City, Bronx, Brooklyn, Queens, Staten Island as well as Kings County, Queens County, Richmond County, Bronx County and New York City.