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31 Brenda Mani v. James J. Mani -- rank: 803
... a divorce action on fault-based grounds are minimal. Addressing N.J.S.A. 2A:34-23, the Court stated that the focus on the decision regarding ... hereinafter Final Report]. “In very large part” the resulting statute, N.J.S.A. 2A:34-23, was “based upon the proposed Divorce Reform Bill” contained in ... regardless of which party caused the breakdown in the marriage. N.J.S.A. 2A:34-23, and despite the Commission’s stated hope that further study ... irrelevant to equitable distribution, child support and custody, we addressed N.J.S.A. 2A:34-23 and stated that “the focus of the decision regarding alimony ... the issue of attorneys’ fees. In awarding attorney’s fees, N.J.S.A. 2A:34-23 requires a court “to consider the factors set forth in ... parties, and the good or bad faith of either party. [ N.J.S.A. 2A:34-23 (emphasis supplied).] Under the enabling statute, then, the trial ...
docket: a-53-03
court: njsupreme
decided: 2005-04-06
status:
citation: 183 N.J. 70
Document Size: 101308
32 M.L.M. v. M.W.M. -- rank: 801
... also argues the trial court erred by failing to apply N.J.S.A. 2A:34-23(k) to his motion for alimony modification. Generally, because marital ... 408, 419 (1999)); see also 6 A-2611-16T 3 N.J.S.A. 2A:34-23 (Support orders 'may be revised and altered by the court ... judge erred by failing to analyze the factors outlined in N.J.S.A. 2A:34-23(k). He asserts he established a substantial change in circumstances pursuant to N.J.S.A. 2A:34-23(k), and the judge should have applied the statute even ... passage. At the outset, we note defendant did not argue N.J.S.A. 2A:34- 23(k) should retroactively apply to his motion. Rather, it appears ... judge did not abuse her discretion by declining to apply N.J.S.A. 2A:34-23(k). Defendant relies on Mills v. Mills, 447 N. ...
docket: a2611-16
court: NJ Superior Court Appellate Division
decided: 2018-05-11
status: unpublished
citation:
Document Size: 50437
33 LISA LOMBARDI v. ANTHONY A. LOMBARDI -- rank: 798
... in a support award. We agree. Alimony is authorized by N.J.S.A. 2A:34-23 and is governed by the factors enumerated in N.J.S.A. 2A:34-23(b). 4 It exists to "permit [one spouse] to share ... the award is 'fit, reasonable and just' to both parties, N.J.S.A. 2A:34-23, and properly balances each party's needs, the finite marital ... resources, and the parties' desires to commence their separate futures, N.J.S.A. 2A:34-23(c)." Gnall v. Gnall , 432 N.J. Super. 129 , 149 ... greater entitlement to that standard of living than the other." N.J.S.A. 2A:34-23(b)(4). We therefore hold that the Family Part must ... findings of fact and conclusions of law in that regard." N.J.S.A. 2A:34-23(b). We recognize that the court attempted to identify ...
docket: a3624-13
court: NJ Superior Court Appellate Division
decided: 2016-08-12
status: published
citation: 447 N.J.Super. 26 145 A.3d 709
Document Size: 82464
34 PASCALE V. PASCALE -- rank: 795
... based on the remaining family income, the factors enumerated in N.J.S.A. 2A:34-23 (section 34-23), and the quality of life desired by ... based on the remaining family income, the factors enumerated in N.J.S.A. 2A:34-23 to establish a support order for that nontraditional custodial arrangement ... on the remaining family income and the factors enumerated in N.J.S.A. 2A:34-23." Id. at Appendix IX-A, ¶ (1)(b) (emphasis added). Appendix ... court may, in its discretion, consider the factors enumerated at N.J.S.A. 2A:34-23, to add to the baseline figure of child support. The ... s conclusions.      Although the Legislature has amended the governing statute, N.J.S.A. 2A:34-23, several times since Painter v. Painter , 65 N.J. 196 ...
docket: a-91-94
court: njsupreme
decided: 1995-07-10
status:
citation: 140 N.J. 583
Document Size: 78832
35 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 mary v. Ronald -- rank: 786
... not consider and make findings concerning the factors enumerated in N.J.S.A. 2A:34-23(k). I. The parties were married in 1986 and divorced ... the 2014 amendments to the alimony statute set forth in N.J.S.A. 2A:34-23. II. On appeal, defendant argues that the Family Part erred ... 2) in failing to consider the factors set forth in N.J.S.A. 2A:34-23(k). We are constrained to remand because the Family Part ... 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 ... here was entered before the September 10, 2014 amendments to N.J.S.A. 2A:34-23 became effective. Nevertheless, the JOD does not include any ...
docket: a1160-15
court: NJ Superior Court Appellate Division
decided: 2017-03-03
status: unpublished
citation:
Document Size: 23219
36 /usr/local/share/www/libweb/collections/courts/trial/mueller.opn.html -- rank: 784
... spousal support obligation based upon an actual or "prospective" retirement. N.J.S.A. 2A:34-23(j)(1) – (3). What, however, does the term, "prospective ... in the near future, for the court’s consideration under N.J.S.A. 2A:34-23(j). FACTUAL BACKGROUND Plaintiff and defendant married in 1986, and ... alimony obligation under New Jersey's recently amended alimony statute, N.J.S.A. 2A:34-23(j). 1 Specifically, he asserts that he is now fifty ... New Jersey Legislature formally amended the state's alimony statute, N.J.S.A. 2A:34-23, to include the establishment of statutory standards for consideration of ... statute was September 10, 2014. The new retirement sections are N.J.S.A. 2A:34-23(j)(1), which covers termination of an alimony obligation established in an order entered after September 10, 2014; N.J.S.A. 2A:34-23(j)(2), which covers termination of alimony based upon ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 38436
37 Kiken v. Kiken -- rank: 784
... Supreme Court granted Ellen's petition for certification. HELD: Under N.J.S.A. 2A:34-23, Donald Kiken's estate is bound by his obligation to ... of children. (pp. 8-9) 3. The Court has construed N.J.S.A. 2A:34-23 liberally to allow a court to enter a support order ... continuing obligation to support a child. (pp. 13-14) 5. N.J.S.A. 2A:34-23 authorizes courts to enter reasonable and equitable support orders, including ... Legislature essentially approved those criteria when amending the support statute, N.J.S.A. 2A:34-23 liberally and equitably").     Although N.J.S.A. 2A:34-23 does not specifically say so, the statutory scheme suggests that ... pay alimony terminates on the death of the payor spouse. N.J.S.A. 2A:34-23, however, contains no such limitation. Furthermore, the Parentage Act, ...
docket: a-97-96
court: njsupreme
decided: 1997-06-12
status:
citation: 146 N.J. 500
Document Size: 40629
38 DEBORAH CARR v. HARRY J. CARR -- rank: 781
... court looks to the Child Support factors set forth at N.J.S.A. 2A:34-23(a)." Considering the child's needs, the judge noted the ... 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 ... guidelines-based award." Ibid. The judge addressed the factors of N.J.S.A. 2A:34-23(a) and used her discretion to supplement the support award ... to make findings of fact to support the alimony award. N.J.S.A. 2A:34-23(b) authorizes a family court to "award one or more ... 13) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] Judges considering an alimony request must always keep in ... the award is "fit, reasonable and just" to both parties, N.J.S.A. 2A:34-23, and properly balances each party's needs, the finite ...
docket: a5558-10
court: NJ Superior Court Appellate Division
decided: 2013-10-11
status: unpublished
citation:
Document Size: 102831
39 M.S. v. M.A.S. -- rank: 781
... 83 N.J. 139 (1980)]), and other appropriate statutes (including [ N.J.S.A.] 2A:34-23), rules, and case law governing alimony. The parties understand that ... upon a showing of unusual circumstances as set forth in [ N.J.S.A.] 2A:34-23. Further, in paragraph twelve, both parties agreed that: The[y ... it conducted an analysis of the ten factors detailed in N.J.S.A. 2A:34- 23(k), and found factors four, seven, eight, and ten 'directly ... upon a showing of unusual circumstances as set forth in N.J.S.A. 2A:34-23(c).' We have interpreted the phrase 'unusual circumstances' in this ... award when ‘changed circumstances’ are asserted.”). Similarly, in N.J.S.A. 2A:34-23(k) and (l), the Legislature identified factors a court needs ... 100,000 to $73,500 per year. After considering the N.J.S.A. 2A:34-23(k) factors, the court modified the alimony obligation without ...
docket: a3937-17
court: NJ Superior Court Appellate Division
decided: 2019-05-07
status: Unpublished
citation:
Document Size: 41502
40 J.A v. A.T -- rank: 772
... BECAUSE PLAINTIFF-APPELLEE FAILED TO COMPLY WITH THE REQUIREMENTS OF N.J.S.A. 2A:34-23 AND THEREFORE THE AWARD OF COUNSEL FEES SHOULD BE REVERSED ... v. Berkowitz , 55 N.J. 564 , 570 (1970)); see also N.J.S.A. 2A:34-23 (authorizing award of attorney and expert fees). As a reviewing ... N.J 70 , 94-95 (2005) (discussing proper application of N.J.S.A. 2A:34-23, and the factors set forth in Rule 5:3-5 ...
docket: a3003-07
court: NJ Superior Court Appellate Division
decided: 2008-12-11
status: published
citation: 404 N.J.Super. 132 960 A.2d 795
Document Size: 70595
41 T.J v. M.J -- rank: 769
... alimony is governed by factors defined by the Legislature in N.J.S.A. 2A:34-23(b). The Legislature has identified twelve factors that a court ... a]ny other factors which the court may deem relevant.' N.J.S.A. 2A:34-23(b). The Legislature has also required that the court make ... evidence' regarding the statutory factors relevant to an alimony award. N.J.S.A. 2A:34-23(c). A-4105-18T2 8 Plaintiff contends that the family ... identified and quoted verbatim the statutory factors set forth in N.J.S.A. 2A:34-23(b). The court then discussed each of those factors, although ... the parties' actual need and ability to pay alimony. See N.J.S.A. 2A:34-23(b)(1). In that regard, the court made findings that ... market. Accordingly, the court addressed the factors set forth in N.J.S.A. 2A:34-23(c)(2), (3), (5), and (6). The court also ...
docket: a4105-18
court: NJ Superior Court Appellate Division
decided: 2020-12-02
status: Unpublished
citation:
Document Size: 32142
42 ROBERT T. GOLDMAN v. GAIL H. MAUTNER -- rank: 769
... or both "during the marriage" is subject to equitable distribution. N.J.S.A. 2A:34-23(h). This division of marital property "is responsive to the ... at 299 (quoting Rothman , supra , 65 N.J. at 229). N.J.S.A. 2A:34-23.1 enumerates the pertinent considerations in addition to value of ... and the parties' respective roles in preserving and dissipating assets. N.J.S.A. 2A:34-23.1. There is a rebuttable presumption "that each party made ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23. The Legislature's recognition of limited duration alimony and the ... permanent, limited duration or another form of alimony is appropriate. N.J.S.A. 2A:34-23(b). The non-exhaustive list includes matters such as need ... permanent alimony was inappropriate and explained why, as required by N.J.S.A. 2A:34-23(c). The court properly determined that this marriage was ...
docket: a0620-09
court: New Jersey Superior Court Appellate Division
decided: 2012-03-05
status: unpublished
citation:
Document Size: 83006
43 Cathleen Quinn v. David J. Quinn -- rank: 767
... Innes v. Innes , 117 N.J. 496 , 503 (1990) (quoting N.J.S.A. 2A:34-23). “The basic purpose of alimony is the continuation of ... modified when the economic circumstances of the parties change, see N.J.S.A. 2A:34-23(c), but cannot be extinguished for reasons contrary to public ... Additionally, by its recent amendments to the al imony statute, N.J.S.A. 2A:34-23, the Legislature has signaled that it did not intend to ... or terminated if the payee cohabits with another person.” N.J.S.A. 2A:34-23(n) (emphasis added). In contrast, when “a former spouse ... A. 23:34-25 (emphasis added). The permissive language in N.J.S.A. 2A:34-23(n) -- unlike the mandatory language in N.J.S.A ... 3000. 3 3 On September 10 , 2014, the Legislature enacted N.J.S.A. 2A:34-23, which provides that “[a]limony may be suspended ...
docket: A-5-14
court: NJ Supreme Court
decided: 2014-05-03
status:
citation: 225 N.J. 34 137 A.3d 423
Document Size: 105208
44 D.P.G v. L.G. -- rank: 758
... the equitable distribution arrangement, the judge cited the factors in N.J.S.A. 2A:34-23.1 and made explicit findings for each factor. The judge ... spousal support obligations, the judge considered the factors specified in N.J.S.A. 2A:34-23(b). He made express findings with respect to each factor ... 187,200 and supplementing that amount based on factors in N.J.S.A. 2A:34-23(a) and reasonable needs of the children. After performing the ... instead of the figure reported by his employer, $316,289. N.J.S.A. 2A:34-23 grants to judges the discretion to award spousal and child ... a judge considering an award of limited alimony shall consider. N.J.S.A. 2A:34-23(b). Included in this list is the parties' earning capacities ... receipt of the distribution for tax purposes. We add that N.J.S.A. 2A:34-23(c) provides a mechanism for challenging an award of ...
docket: a1750-10
court: NJ Superior Court Appellate Division
decided: 2012-09-06
status: unpublished
citation:
Document Size: 51787
45 BEATRIZ GARCIA-TRAVIESO v. MICHAEL GARCIA-TRAVIESO -- rank: 755
... a court must consider to determine whether cohabitation is occurring. N.J.S.A. 2A:34-23(n). As noted, the Agreement permits termination of defendant's ... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Landau v. Landau, 461 N.J. Super. 107-08 ... in determining 'whether cohabitation is occurring' . . . .' Id. at 116 (quoting N.J.S.A. 2A:34-23(n)). We determined the party seeking modification still bears the ... support from another person . . . ; and (7) All other relevant evidence. [N.J.S.A. 2A:34-23(n).] Furthermore, '[a] court may not find an absence of ... couple does not live together on a full-time basis.' N.J.S.A. 2A:34-23(n). Our Supreme Court nevertheless emphasized: We do not today ... in boxes or shopping bags three times. Thus, even though N.J.S.A. 2A:34-23(n) states that a court may not find an ...
docket: a4023-18
court: NJ Superior Court Appellate Division
decided: 2020-04-14
status: Unpublished
citation:
Document Size: 35584
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