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…
Articles Posted in modification
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…
Are Federal Stimulus Checks Paid Due to the Coronavirus Pandemic Subject to Garnishment for New Jersey Child Support Arrears?
Due to COVID-19, New Jerseyeans, among others, are experiencing difficult financial times. While there has been action by the government to ease financial burdens such as staying evictions and forbearing mortgage payments, the fact of the matter is that ensuring the receipt of child support during this time is critical.…
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…
Celebrity Child Support Disputes Illustrative on the Process of Modifying Child Support
It is not unusual for a parent to claim that they are paying too much in child support or for a parent to claim that they are not receiving enough child support. In recent celebrity news, Robert Kardashian is claiming the former. According to an article in People Magazine, Mr. Kardashian claims…
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In an unpublished decision in the matter of T.M. v. R.M., A-4724-16T3 (App.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,…
Family Part Court Rule Amendments – 2017 (Part II)
In my last blog post I noted that effective September 1, 2017 a number of Court Rules directly impacting upon Family Part practice had been approved by our Supreme Court. I summarized and discussed a number of those Amendments. In this blog post , I will summarize and discuss two…
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 Supreme Court Addresses Standard for Custodial Parent Relocation
Nothing is more precious to us than our children. The Supreme Court of the United States has established the right to know one’s children as a fundamental Constitutional right. In New Jersey the right to know and raise one’s children is firmly entrenched in statutory and case law. In our mobile society…
Words Matter: Common Misconceptions
I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained…