Alimony & Spousal Support

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Father’s Failed Business Is A Significant Change Of Circumstances Necessitating A Review Of Alimony And Child Support

Jul 13, 2016

In the New Jersey alimony and child support case of D’Alessandro v. D’Alessandro, 20-2-4388, App. Div., the plaintiff appeals the order reducing defendant’s alimony and child support obligations. The panel affirms, finding that defendant appropriately took action to try to save his business, maintain his income, and avoid bankruptcy, including reducing his businesses work force, […]

Husband is Under an Obligation to Pay His Wife Alimony Pendent Lite While He Exhausts His Appeal Rights

Jun 21, 2016

In the family law, equitable distribution, spousal support case of Gabriel v. Gabriel, PICS Case No, 14-0777, (C.P. Lawrence, April 14, 2014), the Honorable John W. Hodge ruled that while husband was exercising his ability to appeal the court’s final economic order in the parties’ equitable distribution matter, he was still under an obligation to […]

Spouses Foreit Intestate Inheritance Where They Act As A Divorced Individuals.

Mar 08, 2016

In the family law, estate litigation and estate administration case of in Recht, PICS Case No. 16-0074, (C.P Monroe, July 13th, 2015) the Honorable David J. Williamson ruled that where the parties lived apart for more than one year, resided in separate homes titled in their respective names, were financially independent of each other and […]