Alimony & Spousal Support

NO-FAULT DIVORCE WAITING PERIOD CUT IN HALF

Jan 05, 2017

The process for obtaining a no-fault divorce in Pennsylvania just got shorter. Law makers have reduced the waiting period to start dividing assets and deciding alimony from two years after separation to one. Family law attorney’s lauded the change as a significant step toward easing the burden on litigations and preventing parties from strategically dragging […]

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Motion To Terminate Or Modify Alimony/Spousal Support Upon Actual Or Perspective Retirement Under Amended Alimony Statute

Dec 14, 2016

Under New Jersey’s recently amended alimony statute N.J.S.A. 2A:34-23(j), a party may seek to terminate or modify his or her spousal support obligation based upon an actual or prospective retirement. Plaintiff and defendant married in 1986, and divorced in 2006. Pursuant to the matrimonial settlement agreement, plaintiff agreed to pay defendant $300 per week in […]

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Retired And Still Paying Alimony

Dec 06, 2016

Is a divorce part of your retirement planning? The divorce rate for people age 50 and older has doubled in the last 20 years. According to an analysis of U.S. Census data by demographics at Bowling Green State University in Ohio, among people older than age 50 in 2009, about 25 percent were divorced, up […]

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Recent New Jersey Alimony Statute Allows A Reduction In Alimony Obligation Upon A Loss Of Employment And Subsequent Obtaining New Job At Significantly Reduced Salary

Nov 10, 2016

The Mills vs. Mills’ family law, alimony case  presents legal issues involving an alimony obligator’s loss of employment, and interpretation of recent  2014 amendments to New Jersey’s alimony statute, N.J.S.A. 2A:34-23(k). Specifically defendant seeks a reduction of his alimony obligation to plaintiff, based upon losing his prior long-term employment, and subsequent obtaining of a new […]

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No Change In Alimony And Child Support Order Due To Failure To Demonstrate Inability To Earn The Imputed Income

Nov 09, 2016

In the family law, alimony/child support case of Kurkoszka vs. Kurkoska, 20-2-0048 NJ. App. Div. Super, the defendant appealed the Family Part order denying his motion to modify his motion to modify his alimony and child support obligations and awarding attorney fees to plaintiff, his ex-wife. The final judgment of divorce awarded limited duration alimony […]

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INVOLUNTARY LOSS OF EMPLOYMENT AND CONCOMMITANT EARNING CAPACITY WAS A POSSIBLE CHANGED CIRCUMSTANCE TO DECREASE ALIMONY AND CHILD SUPPORT OBLIGATIONS

Oct 31, 2016

In the post judgment family law, alimony and child support case of Klemash vs. Klemash, 20-2-9830, NJ. App. Div., the defendant appealed to the Family Part order denying his motion to reduce or terminate his alimony and child support obligations based on changed circumstances, and his motion for reconsideration.  The panel reversed and remanded for […]

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DIVORCED SPOUSE REMAINS BENEFICIARY AND CO-TRUSTEE OF IRREVOCABLE TRUST

Oct 06, 2016

In the family law and estate litigation case of In Re Irrevocable Trust Agreement of Klein, PICS Case No. 16-0355 (C.P. Monroe, Jan 7, 2016) the Honorable David J. Williamson ruled that under the plain language of the Irrevocable Trust which contained no requirement that the parties’ remain married, decedent’s former spouse was a co-trustee […]

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SPOUSE FORFEITED HIS RIGHTS IN SHARE IN DECEDENT’S ESTATE DUE TO EXTRAMARITAL AFFAIR DURING SEPARATION

Sep 28, 2016

In the family law and estate law appellate case of In Real Estate of Talerico, PICS, Case No. 16-0386 (Pa. Super. March 18 2016) The Honorable Jack A. Panella, writing on behalf of the Pennsylvania Superior Court ruled that the trail court properly dismissed appellant separated husband’s petition to strike decedent’s sister’s claims to decedents […]

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When Pension Assets are Subject to Equitable Distribution Pension Income Should Not Be Considered In Determining Spousal Support

Aug 09, 2016

In the alimony/spousal support case of Ruggerio v. Ruggerio, 20-2-4569, App. Div., the plaintiff Sebastian Ruggiero appeals orders of the Family Part that modified his monthly alimony obligation and denied his motion for reconsideration. Defendant’s current Case Information Statement (CIS) would have provided the motion court with sufficient information regarding her current financial status, including […]

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Spouse’s LHWCA Compensation Benefits Can Be Attached For Payment Of Alimony

Jul 30, 2016

In the family law, alimony appellate case of Uveges v. Uveges, PICS Case No. 14-1799 (Pa. Super, November 5, 2014) the Honorable Cheryl Lynn Allen, writing on behalf of the Pennsylvania Superior Court ruled that the trial court correctly ordered the attachment of husband’s Longshore and Harbor Workers’ Compensation Act benefits for the payment of […]

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