New Jersey Family Law

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATOR ATTORNEY

Although the New Jersey divorce judge was correct in finding a net credit of $36,062.38, it was error to order the credit to be paid from a joint escrow account. Rather, the account should first have been divided equally and then the credit should have been paid from plaintiff's share.   Czuchnicki v. Czuchnicki, New Jersey App. Div., November 12, 2009

BERKELEY HEIGHTS UNION COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

In New Jersey, divorce assets are divided in "equitable distribution." But does "equitable" mean "equal?" No. In this case, the husband received a two-thirds/one third split. The New Jersey divorce judge considered all relevant statutory elements and appropriately placed significance on his inheritance, which he comingled with marital assets and which were undisputedly earmarked for the benefit of the parties' children and grandchildren. Moreover, he insisted on joint signatures on large withdrawals, when the wife attempted unilateral withdrawals.  Speck-Bartynski v. Bartynski, New Jersey App. Div., September 25, 2009

MENDHAM MORRIS COUNTY NEW JERSEY DIVORCE LAWYER

In their New Jersey divorce agreement, the husband agreed to pay the wife more than $21,000 of interest, as a result of his prior failure to pay $780,000 in equitable distribution. On appeal, however, the court agreed with the husband that the New Jersey divorce judge made a "new agreement" for the parties, not originally set forth in their contract. Accordingly, the ruling was reversed.     Catto v. Catto, New Jersey App. Div., April 27, 2009

 

SECAUCUS HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

The wife claimed the husband dissipated marital assets. Because the New Jersey divorce judge did not analyze the evidence in accordance with Kothari v. Kothari, the panel reconsiders and modifies the award of equitable distribution. However, the award of permanent, rather than rehabilitative, alimony is affirmed. There was no abuse of discretion in the finding that wife is at or near her earning capacity but cannot meet her needs.    Kabir v. Kabir, New Jersey App. Div., April 21, 2009

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The New Jersey divorce agreement was not silent as to the post-judgment mortgage pay downs. In fact, the agreement addresses both the party who was to pay the mortgages during the period in question, and the distribution of the sale proceeds for each home. If the ex-husband had wanted to recoup the post-judgment mortgage payments, he could have provided as much in the agreement. Instead, after significant negotiations, the parties agreed that only he would pay the mortgages for an undetermined length of time, and that each party would receive half the proceeds. That agreement is what the court enforced.   Tinfow v. Tinfow, New Jersey App. Div., March 3, 2009

TENAFLY BERGEN COUNTY NEW JERSEY DIVORCE LAWYER MARITAL HOME MEDIATION

The New Jersey divorce judge ruled that the ex-wife could buy out her ex-husband's interest in the former marital home based on its value in 1996 when the parties divorced, rather than at its value in 2003 when he demanded the sale of the home. However, because her proofs were inadequate, the decision is reversed and the 2003 valuation must control for purposes of any buy-out.      Pacifico v. Pacifico, New Jersey App. Div., February 20, 2009

SOUTH ORANGE ESSEX COUNTY NEW JERSEY DIVORCE SEVERANCE EQUITABLE DISTRIBUTION

The ex-husband lost his job and then received 54 weeks of severance pay. The New Jersey divorce judge ruled that this benefit was subject to equitable distribution under the terms of their New Jersey divorce agreement. This was error : severance pay is a wage continuation initiative, replacing earnings which would be the earner's separate property after divorce. Therefore, this decision is reversed.    Eberhardt v. Eberhardt, New Jersey App. Div., October 20, 2008

CLIFFSIDE PARK BERGEN COUNTY NEW JERSEY DIVORCE

The ex-wife claimed a condominium she purchased during the marriage with her own funds was not subject to equitable distribution. She also contends the court failed to address whether the ex-husband is obligated to repay her an alleged loan. Finding she failed to carry her burden of proving the condominium's immunity for equitable distribution, the appellate panel affirmed the equitable distribution. However, the panel remanded for findings of fact with respect to the alleged loan. LeClair v. Khairzada, New Jersey App. Div., September 10, 2008

HOBOKEN HUDSON COUNTY NEW JERSEY DIVORCE LAWYER

During the New Jersey divorce action, the trial judge equitably distributed an annuity solely titled in the husband's name, over his objection that the annuity proceeds were partially exempt from equitable distribution because they represent the permanent disability portion of a workers' compensation award. Because he failed to satisfy his burden of proof as to asset immunity, this defense was rejected, and is now affirmed on appeal.    Cicero v. Cicero, New Jersey App. Div., July 17, 2008;  http://lawlibrary.rutgers.edu/decisions/appellate/a5893-06.opn.html

RAMSEY BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

Before their New Jersey divorce, the parties verbally agreed to acquire a "handyman's special" home, renovate and resell it, and split the profits equally. The ex-wife calculated her one-half equity share at $40,500, based on an appraised value of $775,000, less costs of purchase ($522,000) and renovations ($172,000). She was awarded $40,500 plus costs, based on the hypothetical sale of the property. The New Jersey divorce judge's decision is affirmed. In fact, the case is remanded for a determination of how much the ex-husband must now pay for the ex-wife's counsel fees.      Lester v. Lester, New Jersey App. Div., July 15, 2008