suspension

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

May 13, 2016 | James P. Yudes, Esq.

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 — (2016) [(A-5-14) (074411)], addressed the issue of enforcing terms of a Property Settlement Agreement involving the effect of cohabitation on provisions dealing with alimony in the matter. In this matter the parties, who were married in 1983, entered into a Property Settlement Agreement in 2006 providing that upon the Wife’s cohabitation, per case or statutory law, her alimony would terminate. Continue reading ›

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

January 22, 2016 | Daniel A. Burton, Esq.

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. However, the amount of child support due may be subject to a later modification. After the entry of a child support obligation, there are a number situations or circumstances that can occur that might warrant a later termination of modification of that child support obligation, including but not nearly limited to the following: the child’s emancipation, a change in the child’s needs, the involuntary loss of income to one of the parents, or a substantial increase in the income of either parent. Continue reading ›

Appellate Division Addresses Retroactivity of New Alimony Statute Relating to Cohabitation

October 19, 2015 | James P. Yudes, Esq.

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 of: cohabitation, retirement and loss of employment on alimony. The effective date of that statute is September 10, 2014. The bar has been awaiting cases dealing with the new alimony statute’s impact on new matters as well as how it would apply to matters resolved prior to its effective date. Continue reading ›