A primary caretaker’s job offer warranted the removal of a divorced New Jersey couple’s minor children to another state. In a recent Appellate Division ruling, a couple married in 2005 and had twins in 2009. At the time of their marriage, both spouses were employed by an investment banking firm.…
New Jersey Divorce Lawyers Blog
New Jersey Husband’s Social Security Disability Payments Not Enough to Show Alimony Modification is Warranted
In New Jersey, an individual who seeks to modify his or her alimony obligation based on changed circumstances must establish that such changes are permanent. In an Appellate Division case, a couple divorced in 2007. At the time, the terms of the couple’s property settlement agreement (“PSA”) were incorporated into…
Court Holds New Jersey Alimony Payments Should Have Terminated on the Date Support Recipient Began Cohabiting With New Partner
When an alimony recipient begins living with a new partner, he or she must demonstrate that a continuing financial need exists in order to continue receiving spousal support. In an unpublished opinion, a couple divorced after about 14 years of marriage. Their June 2005 judgment of divorce incorporated a matrimonial…
Establishing a ‘Change of Circumstances’ in New Jersey for Modifying Custody in a Multi-National Situation
A mother’s extreme difficulty in obtaining international travel documents to allow her children to visit their father at his home in Brazil did not warrant changing the parents’ custody arrangement from joint to sole custody, according to a recent Appellate Division ruling. While the family’s travel complexities were a new…
Negotiated Property Settlement Agreements (a “PSA” or “MSA”) Can be Tough to Change in New Jersey
A New Jersey appellate court has stated a former couple’s equitable distribution of marital assets may not be revisited absent extraordinary circumstances. In an unpublished opinion, a New Jersey couple divorced in 2002 after more than 30 years of marriage. At the time, a mutually agreed upon property settlement agreement…
Husband’s Reduced Salary Due to Attempt to Save Failing Business Allowed Alimony Modification by New Jersey Family Court Judge
An Appellate Division case from last year (June 2014) offers some clarity regarding when an alimony payor spouse’s financial setbacks are involuntary as opposed to voluntary or permanent as opposed to temporary. In this particular case, the husband whose reduced salary for more than three years was the result of his efforts…
New Jersey Wife’s Improved Income Still Not Enough to Warrant Termination of Alimony
A husband’s attempt to bring an end to his alimony payments did yield a reduced obligation, but not the complete cessation he sought. It also came at a price after the Appellate Division upheld not only the continuation of alimony but also a trial court award requiring the husband to…
Ex-Husband’s Payments Maintaining House Constituted a ‘Form of Spousal Support’
Sometimes, a divorcing couple completes their property settlement agreement anticipating one future, only to have a different one unfold after they finalize their divorce. A couple encountering such a situation ultimately required a trial court and the Appellate Division to resolve their alimony dispute. The court decided that nothing in…
Husband Entitled to Alimony Credit for Post-Marital Credit for Efforts that Enhanced Pension
Just because a retired school administrator had the financial ability to keep paying alimony did not necessarily mean that he should be paying alimony, according to a recent ruling by the Appellate Division. The appeals court revived the husband’s alimony termination request because the lower court failed to consider the…
Multi-state Divorce Battle Ends When FL, MT Courts Order Husband to Argue Case in New Jersey
A long-running battle involving a couple who divorced in New Jersey likely ended recently as courts in Florida and Montana wrapped up cases there involving issues related to the couple’s divorce. The rulings forced the husband to return to New Jersey to litigate his claims that the wife mismanaged a…