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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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…
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…
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…
Social Media in the Law: What You Say (or Post) Can Be Used Against You
With the proliferation of ways to communicate via social media, such as Facebook, Twitter, Instagram, Youtube and blogging sites, it has become more common in legal settings for such postings to be used as evidence in court. Mainstream media outlets have been reporting recently about an unpublished May, 2014 Appellate Division decision…
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…
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…
New Jersey Legislature Proposes Dramatic Overhaul of Alimony Laws
Currently pending in the New Jersey State Senate and the New Jersey Assembly Judiciary Committee are identical bills, which by their terms, would amend New Jersey’s alimony statute, N.J.S. 2A:34-23. Since the Divorce Reform Act of 1971, N.J.S. 2A:34-23 has been amended on seven occasions. Each time the design of the amendment was to bring…
Getting Started With a New Jersey Divorce
The process of deciding and moving towards a divorce is a vexing and stressful time for anyone. We ask our friends and families questions: some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned. Should I…