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 Results for ("N.J.S.A. 2A:34-23")   16 to 30 of 967 results. Run time: 0.682 seconds | Search time: 0.675 seconds    
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16 EDMUND E. JACOBITTI V. STELLA MARIA JACOBITTI -- rank: 855
... Legislature explicitly sanctioned the use of trust funds by amending N.J.S.A. 2A:34-23 (section 23) to provide for the creation of trust funds ... Ibid. In New Jersey, courts enter alimony orders pursuant to N.J.S.A. 2A:34-23, which before the l988 amendments provided in pertinent part: The ... 35l (l990). Courts are to apply the "comprehensive" terms of N.J.S.A. 2A:34-23 liberally and equitably. Grotsky v. Grotsky , 58 N.J. 354 ... law Modell approach. The Grotsky Court upheld an order under N.J.S.A. 2A:34-23 that directed the father to maintain his life insurance and ... spouse and any children] . . . ." Id. at 544. The Court cited N.J.S.A. 2A:34-23 as the source of that equitable power in direct contradiction ... payments" was appropriate and "plainly within the broad authority" of N.J.S.A. 2A:34-23. Ibid. With regard to Modell , supra , the Appellate Division ...
docket: a-81-93
court: njsupreme
decided: 1994-06-06
status:
citation: 135 N.J. 571
Document Size: 37575
17 FRANCIS NATHANIEL CLARK v. DENISE LOCKWOOD CLARK -- rank: 846
... Occupational Employment and Wages report. Reviewing the applicable factors in N.J.S.A. 2A:34-23(b), the trial judge found, among other things, the parties ... trial judge must issue "specific findings on the evidence" presented, N.J.S.A. 2A:34-23(c), weighing the objective standards delineated in N.J.S.A. 2A:34-23(b). 2 Additionally, N.J.S.A. 2A:34-23(g) suggests a trial court may also consider facts supporting marital fault when determining the amount of alimony. See N.J.S.A. 2A:34-23(g) (providing in an action for divorce, "the court may ... for the majority, stated: "The thirteen alimony factors listed in N.J.S.A. 2A:34-23(b) clearly center on the economic status of the ...
docket: a1147-11
court: NJ Superior Court Appellate Division
decided: 2012-10-19
status: published
citation: 429 N.J.Super. 61 57 A.3d 1
Document Size: 48095
18 A-0RALPH IRALDI v. LYNN IRALDI, n/k/a LYNN FRANCES CHONSKI May 11 2015 -- rank: 846
... home was in his name only, the trial judge contravened N.J.S.A. 2A:34-23(h) in ruling that the land and marital home were ... distribution. Ralph also contends that the judge failed to apply N.J.S.A. 2A:34-23.1 in making the equitable distribution allocation and abused his ... were subject to equitable distribution. After considering the factors in N.J.S.A. 2A:34-23.1, the judge awarded Ralph a 55% interest and Lynn ... except . . . interspousal gifts" is also generally excluded from equitable distribution. N.J.S.A. 2A:34-23(h) (emphasis added). However, pre-marital property may be subject ... 1990). Such property is not exempt for equitable distribution under N.J.S.A. 2A:34-23.1. Rather, when property is acquired in contemplation of marriage ... required to apply the fifteen statutory factors set forth in N.J.S.A. 2A:34-23.1. See Giovine v. Giovine , 284 N.J. Super. ...
docket: a1001-12
court: NJ Superior Court Appellate Division
decided: 2014-10-06
status: unpublished
citation:
Document Size: 44891
19 JOANN DALY v. PETER DALY -- rank: 843
... the judge failed to properly apply certain statutory factors under N.J.S.A. 2A:34- 23(b). Specifically, he alleges that the judge erred in determining ... is 'frame[d]' by the statutory factors set forth in N.J.S.A. 2A:34-23(b). Steneken v. Steneken, 367 N.J. Super. 427, 434 ... alimony, the judge must consider the thirteen factors enumerated in N.J.S.A. 2A:34-23(b), along with any other A-1825-18T4 12 factors ... and conclusions of law with respect to the alimony award. N.J.S.A. 2A:34-23(b). The statutory factors are: (1) The actual need and ... Div. 1978)). Under equitable distribution, the statutory factors enumerated in N.J.S.A. 2A:34-23.1, 'used in concert with the facts of each case ... father in equitable distribution. We disagree. A-1825-18T4 18 N.J.S.A. 2A:34-23.1 provides the statutory factors to be considered in ...
docket: a1825-18
court: NJ Superior Court Appellate Division
decided: 2020-12-01
status: Unpublished
citation:
Document Size: 53454
20 DAVID W. KINZLER v. LORI P TALARICO-KINZLER -- rank: 843
... 2 While an inheritance is exempt from equitable distribution under N.J.S.A. 2A:34-23, income generated from an inheritance may be considered in determining ... child support." Caplan , supra , 182 N.J. at 264. Moreover, N.J.S.A. 2A:34-23(a) requires consideration of certain enumerated factors. The judge followed ... support guidelines, and considered several of the statutory factors, including N.J.S.A. 2A:34-23(a)(2) (standard of living and economic circumstances of the ... parties after analysis of the statutory factors set forth in N.J.S.A. 2A:34-23.1." Genovese v. Genovese , 392 N.J. Super. 215 , 225 ... citing Rothman v. Rothman , 65 N.J. 219 , 232 (1974)); N.J.S.A. 2A:34-23.1. The analysis includes marital debts. N.J.S.A. 2A:34-23.1(m). Notably, David testified that he planned to ...
docket: a2468-09
court: NJ Superior Court Appellate Division
decided: 2011-04-05
status: unpublished
citation:
Document Size: 56897
21 EDWARD CURLEY v. ROBERTA CURLEY -- rank: 843
... to equitable distribution, and reviewed the statutory factors articulated in N.J.S.A. 2A:34-23.1. It reiterated the finding on summary judgment that the ... by [the parties] or either of them during the marriage[.]" N.J.S.A. 2A:34-23(h). Property owned by a party at the time of ... or intestate succession" is also not subject to equitable distribution. N.J.S.A. 2A:34-23(h). "Proof of a gift requires evidence of unequivocal donative ... court analyzed all of the statutory factors set forth in N.J.S.A. 2A:34-23.1, and placed particular significance on husband's age and ... to asset eligibility or ineligibility, asset valuation, and equitable distribution[.]" N.J.S.A. 2A:34-23.1. A court should apply all the factors set forth in N.J.S.A. 2A:34-23.1, and distribute marital assets consistent with the parties' ...
docket: a1304-10
court: NJ Superior Court Appellate Division
decided: 2012-05-09
status: unpublished
citation:
Document Size: 199629
22 Laura Randazzo v. Joseph J. Randazzo, Jr. -- rank: 840
... 2. In respect of the sale of the Florida property, N.J.S.A. 2A:34-23 states, in part, that pending any matrimonial action, the court ... parties and children as circumstances render fit, reasonable and just. N.J.S.A. 2A:34-23 to severely limit the court's authority prior to the ... the defendant's counsel fees. On appeal, the panel reviewed N.J.S.A. 2A:34-23 that authorizes the court in its discretion to make orders ... maintenance of the children. The Court concludes that, consistent with N.J.S.A. 2A:34-23 and Rule 5:3-5, the trial court may exercise ... The court expressly considered the statutory criteria set forth in N.J.S.A. 2A:34-23.1 in distributing the assets and liabilities of the parties ... the pendente lite disposition of marital property. Defendant claims that N.J.S.A. 2A:34-23 authorizes the equitable distribution of marital assets only upon ...
docket: a-15-04
court: njsupreme
decided: 2005-06-28
status:
citation: 184 N.J. 101
Document Size: 46769
23 S.W v. G.W -- rank: 840
... trial judge awarded defendant permanent alimony utilizing the version of N.J.S.A. 2A:34-23(b) that existed before its amendment in September 2014. The ... v. Steneken, 183 N.J. 290, 299 (2005). Pursuant to N.J.S.A. 2A:34- 23.1, the Legislature has provided sixteen factors the trial judge ... courts must remain true to the legislative mandate expressed in N.J.S.A. 2A:34-23.1, which assures an ordered equitable distribution be 'designed to ... and approximately $1,321,000 in mortgage debt. Pursuant to N.J.S.A. 2A:34-23.1(l), the judge found defendant had no need to ... award that lacks consideration of the factors set forth in N.J.S.A. 2A:34-23(b) is inadequate[.]' Crews v. Crews, 164 N.J. 11 ... nature of the case shall render fit, reasonable and just[.]' N.J.S.A. 2A:34-23. The standard of living during the marriage serves as ...
docket: a4063-14
court: NJ Superior Court Appellate Division
decided: 2018-02-20
status: unpublished
citation:
Document Size: 170363
24 CARLA J. SADEJ v. JESSE D. SADEJ -- rank: 829
... made findings on each of the properties and applied the N.J.S.A. 2A:34-23.1 factors. He decided to equally divide the properties "with ... goal, the trial court must consider the factors enumerated in N.J.S.A. 2A:34-23.1. These factors include, in part, the length of the ... of each party, and the present value of the property. N.J.S.A. 2A:34-23.1a, d, f, g, k. In determining an appropriate distribution ... Monte , 212 N.J. Super. 557, 567 (App. Div. 1986); N.J.S.A. 2A:34-23.1m. The trial court "should apply all the factors" and ... but not limited to, the factors" listed in the statute. N.J.S.A. 2A:34-23.1. We will "affirm an equitable distribution as long as ... these calculations further in light of the factors listed in N.J.S.A. 2A:34-23.1, as the judge did, he made a fair ...
docket: a2347-10
court: NJ Superior Court Appellate Division
decided: 2012-05-16
status: unpublished
citation:
Document Size: 47756
25 DAVID ANDERSON v. MELISSA ANDERSON -- rank: 829
... analyzed the alimony claim by considering the factors listed in N.J.S.A. 2A:34-23(b). He found that alimony was 'necessary' given rental costs ... and III, plaintiff contends that the judge failed to consider N.J.S.A. 2A:34-23(j), which provides that 'alimony may be modified or terminated ... to the marital standard of living.' Id. at 26 (citing N.J.S.A. 2A:34-23(b)(4)). Courts may award alimony 'as the circumstances of ... nature of the case shall render fit, reasonable and just[.]' N.J.S.A. 2A:34-23. 'Whether alimony should be awarded is governed by distinct, objective standards defined by the Legislature in N.J.S.A. 2A:34-23(b).' Gnall, 222 N.J. at 429. Limited duration alimony ... Super. 340, 354 (App. Div. 2009). Plaintiff's reliance on N.J.S.A. 2A:34-23(j) is misplaced. Enacted as an amendment to the ...
docket: a0922-17
court: NJ Superior Court Appellate Division
decided: 2020-05-28
status: Unpublished
citation:
Document Size: 50092
26 DAVID SCOTT LANDAU v. STACY LANDAU -- rank: 823
... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n). We determine the party seeking modification still has the ... being 'limited in scope to the factors set forth in N.J.S.A. 2A:34-23(n).' The court subsequently denied defendant's motion for reconsideration ... permitted to conduct discovery 'will render the 2014 amendments of N.J.S.A. 2A:34-23(n) essentially meaningless.' He argues in those amendments 'our Legislature ... cohabit with another individual pursuant to then-existing law (now N.J.S.A. 2A:34-23(n))' entitles him 'to all information statutorily required for analysis ... entitles him 'to all information statutorily required for analysis' under N.J.S.A. 2A:34-23(n), including 'all relevant financial information,' without a prima facie ... 9 (2d ed.); N.J. Rev. Stat. ยง 19 (1877)). N.J.S.A. 2A:34-23, our current statute, similarly provides that 'after judgment of ...
docket: a1240-18
court: NJ Superior Court Appellate Division
decided: 2019-09-12
status: Published
citation: --- A.3d ----
Document Size: 33296
27 DARYL B. WAINER v. MIGUEL A. WAINER -- rank: 821
... as equitable distribution is a factor in determining alimony, see N.J.S.A. 2A:34-23(b)(10), but alimony is not a factor in determining equitable distribution, see N.J.S.A. 2A:34-23.1, we begin by assessing the trial court's equitable ... trial court must consider the statutory factors set forth in N.J.S.A. 2A:34-23.1. Sauro v. Sauro , 425 N.J. Super. 555 , 576 ... must make specific findings, considering the fourteen factors outlined under N.J.S.A. 2A:34-23(b). These factors include: (1) The actual need and ability ... 14) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] For most of their marriage, the parties lived a ... trial court examined each of the statutory factors outlined in N.J.S.A. 2A:34-23(b). Although defendant challenges the court's findings as ...
docket: a4321-14
court: NJ Superior Court Appellate Division
decided: 2017-07-13
status: unpublished
citation:
Document Size: 53331
28 MEHRVASH WEAVER v. RONALD WEAVER -- rank: 815
... motion to modify or terminate his permanent alimony obligation under N.J.S.A. 2A:34-23(j)(3), determining that the statute did not address alimony ... his planned retirement four years later, filed a motion under N.J.S.A. 2A:34-23(j)(3) to terminate or reduce his alimony obligation to ... September 10, 2014, our legislature had amended the alimony statute, N.J.S.A. 2A:34-23. A new subsection (j) was added that was effective immediately ... terminated upon the prospective or actual retirement of the obligor.' N.J.S.A. 2A:34-23(j). In addition, N.J.S.A. 2A:34-23(j)(3), provides, in pertinent part: When a retirement application ... to modify or terminate alimony.2 2 In its entirety, N.J.S.A. 2A:34-23(j)(3) states: (3) When a retirement application is ...
docket: a0228-16
court: NJ Superior Court Appellate Division
decided: 2018-02-27
status: published
citation:
Document Size: 26616
29 B.G v. E.G -- rank: 809
... all of the children.' The court considered the factors under N.J.S.A. 2A:34-23.1 in making equitable distribution of the parties' marital property ... the need for alimony, the court considered the factors in N.J.S.A. 2A:34- 23(b) and (c). The court noted the parties had been ... to marriage in itself was not an exceptional circumstance under N.J.S.A. 2A:34-23(c), we nonetheless agree with the trial judge that exceptional ... alimony, the judge must consider the thirteen factors enumerated in N.J.S.A. 2A:34-23(b), along with any other factor deemed relevant. N.J.S.A. 2A:34-23(c) limits the duration of alimony to the length of ... or circumstances that the court deems equitable, relevant and material. [N.J.S.A. 2A:34-23(c).] Here, there was substantial credible evidence in this ...
docket: a0830-16
court: NJ Superior Court Appellate Division
decided: 2018-08-31
status: Unpublished
citation:
Document Size: 63580
30 C.C. v. R.C. -- rank: 806
... the court from time-to-time as circumstances may require. N.J.S.A. 2A:34-23. In September 2014, the Legislature amended the alimony and maintenance statute, N.J.S.A. 2A:34-23, 'to more clearly quantify considerations examined when faced with a ... entered in 2004, before the September 10, 2014 amendment to N.J.S.A. 2A:34-23 became effective. Nevertheless, the PSA does not include any provisions ... circumstances warranting modification of alimony. Id. at 151. Similarly, in N.J.S.A. 2A:34-23(k) and (l), the Legislature identified the factors a court ... factors to be considered both under Lepis and the amended N.J.S.A. 2A:34-23(k), are changes in the respective financial circumstances of the parties. N.J.S.A. 2A:34-23(k)(7); Lepis, 83 N.J. at 151. Moreover, ...
docket: a4441-15
court: NJ Superior Court Appellate Division
decided: 2017-12-26
status: unpublished
citation:
Document Size: 49034
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