New Jersey Family Law

CALDWELL ESSEX COUNTY NEW JERSEY DIVORCE ALIMONY MEDIATION LUMP SUM LAWYER

In their 2005 New Jersey divorce agreement, they agreed to a lump-sum buy-out of his obligation to pay her alimony. The amount was paid. Then, she remarried in 2006. Was he entitled to reimbursement of any portion of the amount he paid her?      Green v. Green, New Jersey App. Div., December 18, 2009

TEANECK BERGEN COUNTY NEW JERSEY LIMITED DURATION ALIMONY ATTORNEY MEDIATION

In New Jersey, a 10-year marriage is not short-term. The New Jersey divorce judge ordered limited duration alimony for 8 years, on top of the 3 years of pendent lite support paid, based on the 13 New Jersey statutory alimony factors. "In our view, the length of time plaintiff is required to pay alimony is, if anything, generous to defendant."   There were no children.     Jackson v. Jackson, New Jersey App. Div., December 9, 2009

MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE LAWYER ALIMONY

The New Jersey divorce judge's extension of the limited-duration alimony [LDA] term was mistaken. The matter is remanded for full consideration of the continuing need for LDA, or its modification, applying the standard of N.J.S.A. 2A:34-23. This statute provides that the term of LDA shall not be modified except in "unusual circumstances." Although defendant's changed circumstances might meet the Lepis v. Lepis standard to warrant a reduction in the quantum of alimony, it falls short of the heightened statutory standard required to expand its durational term. Gonzalez-Posse v. Ricciardulli,    N.J. Super.  (App. Div. 2009); New Jersey App. Div., November 18, 2009

BERKELEY HEIGHTS UNION COUNTY NEW JERSEY ALIMONY DIVORCE MEDIATOR LAWYER

The ex-husband appeals from the denial of his motion to terminate alimony. But the facts presented do not justify this relief. The ex-wife's increased income is still less than the alimony. Further, the failure to impute additional income to her was not error, because she is only working part-time.    Donet v. Donet, New Jersey App. Div. November 11, 2009

MILLBURN ESSEX COUNTY NEW JERSEY DIVORCE BANKRUPTCY MEDIATION ATTORNEY SUPPORT

Divorce support payments are not dischargeable in bankruptcy. But what about penalties imposed for failure to pay support?  "We conclude that [the ex-wife's] claim is a general unsecured claim not entitled to priority status and can be discharged in [the ex-husband's] bankruptcy. See 11 U.S.C. §§ 523(a)(15), 1328(a)(2)."     In Re Smith, November 6, 2009

TENAFLY BERGEN COUNTY NEW JERSEY DIVORCE ALIMONY MEDIATION LAWYER

The New Jersey divorce judge denied the ex-husband's motion to reduce alimony and the ex-wife's cross-motion for counsel fees. But the judge did not properly consider the facts of the case, particularly the uncontroverted claim that his income was substantially and involuntarily reduced for the 3 years that led up to the applications. The case is remanded for a plenary hearing on both issues. Miele v. Miele, New Jersey App. Div., November 3, 2009

EMERSON BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

What does "non-taxable" alimony mean? After the parties' New Jersey divorce, the ex-husband claimed (a) the non-taxable alimony left him near-bankrupt because of tax deficiencies assessed against him, (b) changed circumstances sufficient to adjust the mode of operation of the agreement; and (c) the Agreement is either conclusively interpretable or it is ambiguous, thereby entitling him to a plenary hearing. All of these arguments were rejected by the New Jersey divorce judge, who is now affirmed on appeal.   Droussiotis v. Droussiotis, New Jersey App. Div., October 1, 2009

　

　

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge terminated alimony, reduced child support, emancipated the oldest child and vacated all arrears. But these rulings are reversed. There was no evidence of a change in circumstances to support suspension of alimony. Further, there were no relevant factual findings or legal reasons provided. On remand, the support arrears must be readdressed and adjusted.    Schvey v. Schvey, New Jersey App. Div., September 18, 2009

FLORHAM PARK MORRIS COUNTY NEW JERSEY DIVORCE ALIMONY MEDIATION LAWYER

The New Jersey divorce judge awarded both permanent and rehabilitative alimony in this 15 year marriage. The ex-wife argued that the amounts of alimony were too low, too little income was imputed to the ex-husband and too much income was imputed to her. Although his earning capacity is affirmed on appeal, the income imputed to her is vacated because it was not supported by the evidence. The case is remanded for further proceedings.  Mathias v. Mathias, New Jersey App. Div. August 6, 2009

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

They obtained their New Jersey divorce judgment in 1992. Thereafter, the ex-husband moved to terminate alimony and an order to that effect was entered in 2007. Although the ex-wife claimed she was never served with the underlying motion papers, the New Jersey divorce judge denied her application to set aside this order. Moreover, the court's file in the matter was lost and could not be located. Based on the foregoing and the lack of the requisite Case Information Statements, the judge is reversed and the order terminating alimony is vacated. Federow n/k/a Nekrasov, New Jersey App. Div., August 3, 2009