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Andrew M Shaw

Andrew M Shaw

DeTommaso Law Group
  • Divorce, Domestic Violence, Family Law...
  • New Jersey
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Summary

Andrew M. Shaw, Esq. is a graduate of Georgetown University Law Center and a former board member of the Georgetown Journal on Poverty Law and Policy, where he published. Andrew served as both a legal intern to Justice Helen Hoens of the New Jersey Supreme Court and as a judicial law clerk to the Hon. Margaret Goodzeit, P.J.F.P.; the Hon. Anthony F. Picheca, Jr., J.S.C.; and the Hon. Michael F. O’Neill, J.S.C., in the Somerset County Family Part. He has been employed by the DeTommaso Law Group since September 2014.

Between 2015 and 2018, Andrew has published four articles on issues relating to family law in the New Jersey Law Journal, including: (1) Alimony Reform, Cohabitation, and the Untimely Death of the Economic Needs Test; (2) ‘Kozlov’ Test for Piercing Privileges is Alive and Well, which was subsequently republished in the American Bar Association’s Minority Trial Lawyer newsletter; (3) Unintended Consequences: Alimony Reform and Lifestyle Equalization; and most recently (4) Premarital Cohabitation and Duration of Alimony under the Amended Statute.

Andrew is a member of the New Jersey State Bar Association as well as the NJSBA’s Young Lawyers Division and Family Law Section. He is also a member of the Somerset County Bar Association and the SCBA’s Somerset County Family Law Practice Committee.

Andrew serves as an Executive Board Member of Town Clock Community Development Corporation, which owns and operates Dina’s Dwellings, a residential facility exclusively providing long-term housing to victims of domestic violence.

Andrew is rated 10/10 by Justia.com, 10/10 by Avvo.com, and he was selected to the New Jersey Super Lawyers list as a “Rising Star” for 2018 and 2019.

Practice Areas
  • Divorce
  • Domestic Violence
  • Family Law
  • Appeals & Appellate
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New Jersey
Federal Circuit
Languages
  • English: Spoken, Written
Professional Experience
Divorce & Family Attorney
DeTommaso Law Group
- Current
Judicial Law Clerk
Superior Court of New Jersey
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Education
Georgetown University
J.D. | Law
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Awards
Rising Star
New Jersey Super Lawyers Magazine
Rising Star
New Jersey Super Lawyers Magazine
Professional Associations
NJSBA - Young Lawyers Division
Member
Current
NJSBA - Family Law Section
Member
Current
New Jersey State Bar # 091632015
Member
Current
Publications
Articles & Publications
Premarital Cohabitation and Duration of Alimony Under the Amended Statute
New Jersey Law Journal
Unintended Consequences: Alimony Reform and Lifestyle Equalization
New Jersey Law Journal
The Kozlov Test for Piercing Privileges Is Alive and Well (republished)
Minority Trial Lawyer
‘Kozlov’ Test for Piercing Privileges is Alive and Well
New Jersey Law Journal
Alimony Reform, Cohabitation and the Untimely Death of the Economic Needs Test
New Jersey Law Journal
Our Duty in Light of the Law's Irrelevance
Georgetown Journal on Poverty Law & Policy
Websites & Blogs
Website
DeTommaso Law Group
Legal Answers
2 Questions Answered

Q. If mother has no custody but visits the child once a month can I file for child support ?
A: Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the 2002 Appellate Division case of L.V. v. R.S., "[i]t is fundamental that the right to child support belongs to the child and may not be waived by a custodial parent." I strongly recommend that you take these matters seriously and retain an attorney. Strategic and aggressive counsel will help to maximize the award of child support entered by the Court. Many of the attorneys here on Justia, including myself, would be willing to sit down with you free of charge to explore the facts, explain the law, and address the likely timeline, costs, and range of possible outcomes. Please reach out to one of us.
Q. Hi I’m a recently divorced mom of two children. My divorce was finalized on May 12 and I share custody with my x husband
A: You should likely first have an attorney write a letter to him on formal letterhead, sent via regular and certified mail, demanding immediate payment and threatening to take legal action if he does not comply with the divorce judgment. Second, if he refuses or fails to respond within a specified timeframe, file an enforcement motion pursuant to Court Rule 5:3-7(b). More specifically, that Rule provides as follows: "On finding that a party has violated an alimony, financial maintenance, or child support order the court may, in addition to remedies provided by R. 1:10-3, grant any of the following remedies, either singly or in combination: (1) fixing the amount of arrearages and entering a judgment upon which interest accrues; (2) requiring payment of arrearages on a periodic basis; (3) suspension of an occupational license or driver's license consistent with law; (4) economic sanctions; (5) participation by the party in violation of the order in an approved community service program; (6) incarceration, with or without work release; (7) issuance of a warrant to be executed upon the further violation of the judgment or order; and (8) any other appropriate equitable remedy." Further, pursuant to Court Rule 5:3-5(c), you should demand reimbursement of your counsel fees and costs incurred in filing that motion. Indeed, there is a specific statutory provision in New Jersey law generally requiring reimbursement of counsel fees incurred collecting unpaid child support. (As you may know, the obligation to pay child-related expenses is merely a component of a parent's overall child support obligation.) Under N.J.S.A. 2A:34-23a, "[i]f a party in any action to enforce and collect child support ordered by a court ... has incurred counsel fees, the court shall require the defaulting party to pay those counsel fees unless the court finds that the default was substantially justified or that other circumstances make an award of counsel fees unjust. The court shall determine the appropriate award for counsel fees and shall consider the financial circumstances of the parties and whether each acted in good faith." I strongly recommend that you take these matters seriously and retain an attorney. Strategic and aggressive counsel will help to maximize your odds of success in Court. Many of the attorneys here on Justia, including myself, would be willing to sit down with you free of charge to explore the facts, explain the law, and address the likely timeline, costs, and range of possible outcomes. Please reach out to one of us.
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DeTommaso Law Group
58 Mount Bethel Road, Suite 303
Warren, NJ 07059
USA
Telephone: (908) 595-0340
Fax: (908) 595-0343