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Articles Posted in Alimony

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Proving Cohabitation Just Got Officially Easier

Attached is the Decision in Temple v. Temple.  I previously wrote about the importance of this decision in which this office created a new and easier standard for a payor of alimony to prove a claim of cohabitation.  Although not originally published many prominent attorneys, as well as the American…

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Proof Needed to Prove Cohabitation will soon be Clarified….

On June 8th, I argued a case of significant importance in the Appellant Division. Although I have not received a decision as of yet, I am still of the belief I was heard. The case involved an application from the supporting spouse to terminate alimony based on the cohabitation of…

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OPEN DURATION CHILD SUPPORT

In 2014, the New Jersey divorce statute, NJSA 2A: 34-23 as it pertains to the issue of spousal support or alimony was substantially modified. One such modification dealt with the vexing question of what the duration or term of the obligation to pay alimony should be. While a prior amendment…

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New Jersey Appellate Division Clarifies Standard for Support When a Litigant is Disabled

This month, the Appellate Division approved for publication the case of Gormley v. Gormley, A-1428-18, (App.Div. 2019) which addressed the standard to apply in determining the income of a litigant who has been determined by the Social Security Administration to be disabled and whether the Court should impute income for someone…

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New Jersey Appellate Division Considers Application of Amended Alimony Statute in Retirement Case Involving Pre-Amendment Marital Settlement Agreement

In Amzler v. Amzler, (Docket No. A-3384-18), 2020 N.J. Super. LEXIS 38 (App. Div. 2020), the  Appellate Division provided direction on the effect of the September 2014 amendments to New Jersey’s alimony statute, N.J.S.A. 2A:34-23 as it relates to a litigant’s desire to retire before his full retirement age and…

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Are Alimony And/Or Child Support Obligations in New Jersey Modifiable During the Coronavirus Pandemic?

After years of a booming economy, the coronavirus pandemic has wreaked havoc on our state and national economies.  Non-essential businesses have been forced to close and millions have become unemployed.  Many others who have held onto their jobs have had their hours or pay reduced.  The pandemic has caused households…

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RESOLVING DIVORCES DURING THE PANDEMIC: PRACTICAL CONSIDERATIONS

It goes without saying that the impact of the coronavirus pandemic has been widespread and devastating. It has been dramatic and sudden. It has reached every corner of the globe. It has affected virtually every institution – political, economic and social. It has touched every community, every family and every…

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New Jersey Appellate Division Clarifies Whether the Changed Circumstance Standard Applies in Post-Judgment Cohabitation Cases

Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address.  In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors…

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Lottery Winnings: A Dream Divided?

“All you need is a dollar and a dream”. Mega Millions. Powerball. Pick-6. State lotteries all over the country encourage people to pluck down their dollars for the dream of possibly winning a fortune and being financially set for the rest of your life. However, for one Michigan man that…

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