Economic Recovery in New Jersey for One Parent Where the Other Parent Does Not Exercise Parenting Time

A frequent post-divorce concern or criticism often heard from the parent who has primary residential custody of child is that their former partner does not exercise their parenting time and that the failure of their partner to keep to the schedule has negative monetary and lifestyle implications. I have always viewed a failure to exercise parenting time as a matter that needed to be addressed economically.   Many matrimonial attorneys and judges, however, relying on a 2006 case encaptioned J.S. v. L.S, 389 N.J. Super. 200 (App.Div. 2006), have opined that the failure a parent to exercise parenting time did not give rise to a right for economic relief. The Appellate Division on August 2, 2018 in the matter of Qian Zhong v. Xue Ye, A-1904-16T1, has clarified the reasoning in J.S. v. L.S. and the judicial philosophy regarding unexercised parenting time. In this matter the father, who had significant parenting time, elected to return…

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