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Modifying Alimony Under the 2014 Amendments to New Jersey’s Alimony Statute When the Obligor Spouse’s Income Reduces

In Mills v. Mills, 447 N.J. Super. 79 (Ch. Div. 2016), the family court was confronted with the issue of whether the defendant (payor spouse) should receive a reduction in his alimony obligation upon the loss of long-term employment and his subsequent hire at a new job – at a…

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New Jersey Family Court Interprets Standard for Prospective Retirement in Alimony Cases

In September 2014, the New Jersey Legislature amended this State’s statute on alimony.   Among the changes that the new alimony statute contains was a provision related to retirement.    The addition that the Legislature made to the alimony statute to include a provision for alimony is lengthy.  N.J.S.A. 2A:34-23(j)…

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New Jersey Supreme Court Addresses Discretion of Judges When Interpreting Agreements for Termination of Alimony Due To Cohabitation

We have written previously about issues of cohabitation and it’s impact on the right and obligation to receive and pay alimony. We have also written about the courts’ attitudes towards the enforcement of Property Settlement Agreements. On May 3, 2016 the Supreme Court of New Jersey in the matter of Quinn -v- Quinn, — NJ…

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Can Incarceration Qualify as a Change in Circumstance Warranting a Modification or Termination of Child Support?

In New Jersey, it is well established that both parties have an obligation to support their children financially.  Accordingly, child support obligations are one of the primary issues dealt with when a marriage or relationship ends between people who have children, whether it be my consensual agreement or court order.…

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Appellate Division Addresses Retroactivity of New Alimony Statute Relating to Cohabitation

Previously we have written about the 2014 modifications to N.J.S.A. 2A:34-23 which dramatically changed the law in New Jersey as it relates to alimony. As outlined in that blog, the statute not only eliminated permanent alimony as a judicial option but clarified the law as it related to the impact…

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Final Restraining Orders – When Final Does Not Equate to Permanent

My colleagues and I have previously written on the topic of Domestic Violence, Temporary Restraining Orders (TRO), and Final Rrestraining Orders (FRO).  Specifically, I have previously written on the subject matter of contempt proceedings where the Defendant in a domestic violence action can be held in contempt for violation of…

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Calculating Child Support for Multiple Families

On December 18, 2013 the New Jersey Appellate Division published an opinion in the matter of Harte v. Hand. In the opinion, the Appellate Division addressed the issue of how to properly calculate child support on behalf of children of multiple families. In this matter, the defendant/father has three children, each with different mothers.  The…

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New Jersey’s Continued Attempt at Alimony Reform

In July I wrote a blog explaining Assembly Bill A3909.  This Bill, loosely based on a Statute enacted in Massachusetts, affected a broad range alimony reform.  In a nut shell, the Bill eliminated permanent alimony and created formulas that Courts were instructed to utilize in computing the amount and duration…

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Cohabitation and Alimony in New Jersey

It is not uncommon for someone who is paying alimony to a former spouse to be concerned about or to find him or herself faced the scenario of paying alimony to a former spouse who becomes involved in a committed, romantic relationship with a paramour but is not remarried.  The person…

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