Search Rutgers Law Library N.J. Court Opinions

181 MEHRZAD AZMI SHABESTARI v. REZA FARHADI -- rank: 566

... judge erred in his application of the statutory criteria under N.J.S.A. 2A:34-23.1 by finding defendant failed to A-3759-17T1 6 ... judge carefully considered each statutory factor for equitable distribution under N.J.S.A. 2A:34-23.1 and determined plaintiff paid $78,391.25 towards her ... J. Super. 1, 6 (2000). Equitable distribution is governed by N.J.S.A. 2A:34-23.1. This statute authorizes a judge to determine not only ... but is not limited to, the factors set forth in N.J.S.A. 2A:34-23.1. The judge applied the factors set forth in N.J.S.A. 2A:34-23.1 to the parties' circumstances and found the parties were ... succession' except interspousal gifts is generally excluded from equitable distribution. N.J.S.A. 2A:34-23(h). A-3759-17T1 11 'A 'gift' is a ...

docket:	a3759-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Unpublished
citation:
Document Size:	33613

182 K.W. v. S.W -- rank: 566

... is based on the review of the factors delineated in N.J.S.A. 2A:34-23. 3 See also 3 N.J.S.A. 2A:34-23(a) requires review of these factors when determining a discretionary ... to the amount of additional support determined through analyzing the N.J.S.A. 2A:34-23 factors. [Caplan, 182 N.J. at 271.] In such circumstances ... additional award determined through application of the statutory factors in N.J.S.A. 2A:34- 23(a).' Ibid. Here the judge found the parties' combined net ... supplemented the support amount by applying the statutory factors in N.J.S.A. 2A:34-23(a). Once again, the judge adhered to the proper procedure ...

docket:	a2884-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-17
status:	Unpublished
citation:
Document Size:	41600

183 VICTORIA L. SUCHENSKI v. RICHARD C. SUCHENSKI -- rank: 566

... 1998). The authority to award alimony is statutory in nature. N.J.S.A. 2A:34-23. Under the statute, the Legislature has established thirteen factors that ... the court must apply the statutory factors set forth in N.J.S.A. 2A:34-23.1. Ibid. No one statutory factor is superior to the ... court may consider "any other factor," which it deems relevant. N.J.S.A. 2A:34-23.1p. The end result need only reflect that "the trial judge . . . appl[ied] all the factors set forth in N.J.S.A. 2A:34-23.1[,] and distribute[d] the marital assets consistent with the ... to equitable distribution. The judge considered all factors contained in N.J.S.A. 2A:34-23.1 and effected fair and just division of the marital ...

docket:	a6514-05
court:	njappellate
decided:	2008-01-15
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66309

184 DAVID A. FORMAN v. AMY LEVENSON -- rank: 564

... and support orders at any time is specifically recognized by N.J.S.A. 2A:34-23'); see also Chalmers v. Chalmers, 65 N.J. 186, 192 ... Super. 90, 95 (App. Div. 2003) (citation omitted); see also N.J.S.A. 2A:34-23 (stating that child support orders 'may be revised and altered ... amount should be determined by considering the factors enumerated in N.J.S.A. 2A:34-23(a). Pascale, 140 N.J. at 595; Connell, 313 N ... Mani v. Mani, 183 N.J. 70, 94-95 (2005); N.J.S.A. 2A:34-23 (providing that the judge 'shall consider the factors set forth ...

docket:	a0238-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	57464

185 EDIE BRITMAN SAURO v. FRANK SAURO -- rank: 564

... will be available to cover the costs for these concerns. N.J.S.A. 2A:34-23. The court's power in this respect includes, but it ... be made after analysis of the factors set forth in N.J.S.A. 2A:34-23.1. See Rothman v. Rothman , 65 N.J. 219, 232 (1974); see also N.J.S.A. 2A:34-23(h). Our review of the Family Part's order pertaining ... property, the Family Part must consider the factors outlined in N.J.S.A. 2A:34-23.1. None of the factors listed in the statute obligate ...

docket:	a2735-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-14
status:	published
citation:	425 N.J. Super. 555 42 A.3d 227
Document Size:	78814

186 LISA SULLIVAN v. MICHAEL SULLIVAN -- rank: 564

... not meet the requirements of Rule 5:5-4 nor N.J.S.[A.] 2A:34-23, which sets forth the information that has to be provided ... J. 561, 571 (2002)). The Family Part has authority under N.J.S.A. 2A:34-23 to modify alimony and child support awards. Spangenberg v. Kolakowski ... the court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. 'Our courts have interpreted this statute to require a party ... resulted in consideration of at least 'temporary remedies pursuant to N.J.S.A. 2A:34-23(m),' Michael did not provide enough financial information to demonstrate ...

docket:	a2393-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-21
status:	Unpublished
citation:
Document Size:	24133

187 /usr/local/share/www/libweb/collections/courts/appellate/a3324-16.opn.html -- rank: 561

... carefully considered each of the statutory factors set forth in N.J.S.A. 2A:34-23.1. Notably, the judge found, based on her 'observation of ... he income and earning capacity of each party' pursuant to N.J.S.A. 2A:34- - 23.1(g), and determined both parties were underemployed. In doing ... Firko gave due regard to the factors set forth in N.J.S.A. 2A:34-23(b). Notably, she deemed the testimony from both parties 'unreliable ... 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 ... 290 (2005). Regarding equitable distribution, the statutory factors enumerated in N.J.S.A. 2A:34-23.1, 'used in concert with the facts of each case ... v. Rothman, 65 N.J. 219, 232 (1974). Pursuant to N.J.S.A. 2A:34-23.1, the trial court must consider factors including the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	27790

188 BONNIE KMINEK-NIERENBERG v. KENNETH NIERENBERG -- rank: 561

... be made after analysis of the factors set forth in N.J.S.A. 2A:34-23.1." Sauro v. Sauro , 425 N.J. Super. 555 , 572 ... trial judge . . . appl[ied] all the factors set forth in N.J.S.A. 2A:34-23.1 and distribute[d] the marital assets consistent with the ... Super. 342 , 350 (App. Div. 1989) (alterations in original) (quoting N.J.S.A. 2A:34-23). It is generally understood that property owned by a party ... Div. 1988), aff’d , 243 N.J. Super. 134 (1990). N.J.S.A. 2A:34-23 requires the court, in making an equitable distribution of marital ... 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. Determinations about ... the Guidelines, the court also analyzed the statutory factors under N.J.S.A. 2A:34-23(a) in reaching its determination on child support because ...

docket:	a5955-12
court:	NJ Superior Court Appellate Division
decided:	2016-09-08
status:	unpublished
citation:
Document Size:	78472

189 RICHARD BENNETT v. CHERYL BENNETT -- rank: 561

... to relevant facts and to the statutory factors listed in N.J.S.A. 2A:34-23 that must be considered in determining orders of support. But ... in excess of $187,200) and the factors specified in N.J.S.A. 2A:34-23. Thus, the maximum guidelines award in Appendix IX-F represents ... amount plus a discretionary amount based on the factors in N.J.S.A. 2A:34-23, and as further explained in Caplan v. Caplan , 182 N ... the trial court must consider the factors set forth in N.J.S.A. 2A:34-23(a) to determine the amount of the supplemental support award ... with the guidelines-based award." The factors set forth in N.J.S.A. 2A:34-23(a) are: (1) Needs of the child; (2) Standard of ... 90. Then, the court must analyze the factors outlined in N.J.S.A. 2A:34-23(a) and determine each party's responsibility for satisfying ...

docket:	a3009-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-27
status:	unpublished
citation:
Document Size:	32814

190 SONNY ENG v. LINDA NGUYEN -- rank: 561

... three-step process has been incorporated by the Legislature in N.J.S.A. 2A:34-23.1, which requires that "[i]n every case, the court ... to asset eligibility or ineligibility, asset valuation, and equitable distribution . . . ." N.J.S.A. 2A:34-23.1. The court should also consider the relevant statutory guideline criteria set forth in N.J.S.A. 2A:34-23.1. Ibid. Under these statutory strictures, property owned by a ... well as the contribution of a party as a homemaker . . . ." N.J.S.A. 2A:34-23.1i. Also relevant was "[a]ny written agreement made by ... N.J. Super. 453 , 468 (App. Div. 1995). Pursuant to N.J.S.A. 2A:34-23, "[t]he [trial] court may order one party to pay ...

docket:	a6268-04
court:	njappellate
decided:	2006-06-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	149453

191 DEBORAH CARR v. HARRY CARR -- rank: 559

... defendant's dissipation of marital assets. We note initially that N.J.S.A. 2A:34-23.1(i) requires that when a court equitably distributes marital ... Super. 475, 485 (App. Div. 2012). A-2453-16T1 28 N.J.S.A. 2A:34-23(b) provides that in any divorce action a court may ... doing so, the court must consider the factors enumerated in N.J.S.A. 2A:34-23(c) and 'make specific written findings of fact and conclusions ... the reasons' and 'evidence' for its decision to award alimony. N.J.S.A. 2A:34-23(b). The court also may consider 'any other factors which ...

docket:	a2453-16
court:	NJ Superior Court Appellate Division
decided:	2019-10-29
status:	Unpublished
citation:
Document Size:	70037

192 MARK J. MOLZ v. THERESA D. MOLZ -- rank: 559

... or either of them during the marriage or civil union.' N.J.S.A. 2A:34-23(h). The statute is to be construed to 'recognize that ... v. Barr, 418 N.J. Super. 18, 33 (2011) (citing N.J.S.A. 2A:34-23(h)). On the other hand, typically, '[a]ny property owned ... 217. Indeed, interspousal gifts are subject to equitable distribution under N.J.S.A. 2A:34-23(h). Hence, we have continuously held that when a party ... thoroughly analyzed the evidence presented against the relevant statutory factors, N.J.S.A. 2A:34-23(b). She confirmed the statutory factor involving the actual need ... New Jersey Rule of Professional Conduct 1.5(a), and N.J.S.A. 2A:34-23, we are satisfied she did not abuse her discretion in ...

docket:	a2888-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	60269

193 ERIC THOMAS FITZGERALD v. SHARON FORSATZ FITZGERALD -- rank: 559

... determined defendant's request under the heightened standard articulated in N.J.S.A. 2A:34-23(c), which provides: An award of alimony for a limited ... form of alimony payable for a specified period of time. N.J.S.A. 2A:34-23(c). LDA is generally appropriate in cases involving marriages of ... circumstances, exceed the length of the marriage or civil union.' N.J.S.A. 2A:34-23(c). The trial judge determined plaintiff's alimony obligation would ... any alimony longer than the actual marriage' as contemplated under N.J.S.A. 2A:34- 23(c). In considering the DJOD and the parties' submissions, the ... should he die before fulfilling that responsibility. Id. at 580. N.J.S.A. 2A:34-23 permits the court to 'require reasonable security for the due ... exemptions, and addressed the children's needs in reference to N.J.S.A. 2A:34- 23(a). The motion judge found defendant 'disregarded' the tax ...

docket:	a0407-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-18
status:	Unpublished
citation:
Document Size:	26262

194 ANDREA SHERRY v. CHARLES W. ZEBE, JR -- rank: 559

... must analyze and evaluate each of the statutory factors in N.J.S.A. 2A:34-23(a) and must also con­sider additional factors which have ... imposed by case law before and after the adoption of N.J.S.A. 2A:34-23(a). See New­burgh v. Arrigo , 88 N.J. 529 ... is the income, assets and earning ability of the child. N.J.S.A. 2A:34-23(7). The parties, of course, are free to waive consideration ... by New­burgh , supra , 88 N.J. at 545, and N.J.S.A. 2A:34-23, and con­cluded that "we are left where we started ... 91,089.06 to be paid within thirty days. Citing N.J.S.A. 2A:34-23 and Rules 4:42-9 and 5:3-5, the ...

docket:	a1532-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-29
status:	unpublished
citation:
Document Size:	88143

195 ANDREA SHERRY v. CHARLES W. ZEBE, JR -- rank: 559

... must analyze and evaluate each of the statutory factors in N.J.S.A. 2A:34-23(a) and must also con­sider additional factors which have ... imposed by case law before and after the adoption of N.J.S.A. 2A:34-23(a). See New­burgh v. Arrigo , 88 N.J. 529 ... is the income, assets and earning ability of the child. N.J.S.A. 2A:34-23(7). The parties, of course, are free to waive consideration ... by New­burgh , supra , 88 N.J. at 545, and N.J.S.A. 2A:34-23, and con­cluded that "we are left where we started ... 91,089.06 to be paid within thirty days. Citing N.J.S.A. 2A:34-23 and Rules 4:42-9 and 5:3-5, the ...

docket:	a5297-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-29
status:	unpublished
citation:
Document Size:	85655