In an unpublished decision in the matter of T.M. v. R.M., A-4724-16T3 (App.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,…
Articles Posted in change in circumstance
Implications of Including Grandparent Visitation Clause in a Settlement Agreement or Consent Order
In the case of Slawinski v. Nicholas, 448 N.J. Super. 25 (App. Div. 2016), the Appellate Division addressed a dispute involving parents who entered into a consent order establishing rights to grandparent visitation but then later wished to abrogate those rights. In this case, a motion was brought by the mother…
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)…
Appellate Division Affirms Decision to Deny Modification of Joint Legal Custody Arrangement Despite Noncustodial Parent’s Relocation Out of Country
On January 12th 2015, the Appellate Division published its opinion in the case of Costa v. Costa. In Costa, the parties were married in 1994 and divorced in 2006. They had two children together, one being born in 1997 and the other in 2000. By way of settlement agreement entered into…
What Happens to Child Support When a Child Enrolls in an Out of State College?
On April 28th 2014 the Appellate Division issued an unpublished decision in the post-judgment case of Fox v. Fox, A-2339-12T1, 2014 WL 1660394 (N.J. Super. Ct. App. Div.). The Appellate Division reversed and remanded the trial court’s decisions to deny Dorothy Fox n/k/a Lamuraglia’s motion to modify child support. Ms. Lamuraglia…
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…