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…
Articles Posted in alimony
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…
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…
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…
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…
TAX UNDER-WITHHOLDING: EXERCISE CAUTION IN NEGOTIATING SUPPORT OBLIGATIONS
At the end of 2017, the U.S. Congress passed the most sweeping tax changes in over 30 years, referred to as the Tax Cuts and Jobs Act of 2017 (TCJA). While there were many provisions of the federal tax laws which were impacted, the most publicized changes were the reductions…
New Jersey Appellate Division Addresses Whether Waiver of a Military Pension Constitutes a Change in Circumstance Warranting an Award of Alimony
In the recently published opinion of the Appellate Division in Fattore v. Fattore,A-3727-16 (App. Div. 2019), the Appellate Division the husband appealed a trial court order requiring him to indemnify his former wife for the loss of her share of equitable distribution of his military pension, which was waived as…
New Jersey Appellate Division Addresses Post-Judgment Attempts to Modify Matrimonial Settlement Agreements Based on Imputed Incomes
The Appellate Division in the recently published case of Bermeo v. Bermeo, A-1312-17, addressed a post-judgment application by a supported spouse seeking to modify alimony based on her inability to maintain the marital lifestyle after entering into a marital Property Settlement Agreement and the lack of findings by the court…
SUPPORT SECURITY PART 2: THE OFTEN FORGOTTEN BENEFITS
Earlier this year, I wrote a blog post entitled Support Security: Real Life Considerations. In it I discussed the developed case law and statutes dealing with affording dependent ex-spouses (and children) some level of economic security and protection in the event of the death of a payor – spouse, including…
The Many and Varied and Intertwined Reasons Why Alimony and Child Support Obligations Get Revisited
In an unpublished decision in the matter of T.M. v. R.M., A-4724-16T3 (App. Div. April 5, 2018), the Appellate Division considered a plaintiff’s appeal of the trial court’s denial of his motion to modify his alimony and child support obligations based on changed circumstances. At the time of the parties’ divorce,…