Search Rutgers Law Library N.J. Court Opinions

46 /usr/local/share/www/libweb/collections/courts/appellate/a1639-16.opn.html -- rank: 755

... motions for modification of the alimony award.' Id. at 16. N.J.S.A. 2A:34-23(c) provides that: the court shall also consider the practical ... 14) Any other factors which the court may deem relevant. [N.J.S.A. 2A:34-23(b).] A-1639-16T1 8 Where, as in this case ... not exceed the length of the marriage, absent exceptional circumstances. N.J.S.A. 2A:34-23(c). B. The Trial Court's Decision on Alimony The judge made findings on the factors in N.J.S.A. 2A:34-23(b). On factor one, the judge found it was 'very ... base his decision on alimony on the statutory factors in N.J.S.A. 2A:34-23. She contends the judge's decision was not supported by ... 000. Furthermore, the judge carefully reviewed the statutory factors in N.J.S.A. 2A:34-23, and there is sufficient credible evidence to support the ...

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court:	NJ Superior Court Law/Chancery Division
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47 DOLORES McPHILLIPS v. STEPHEN McPHILLIPS -- rank: 755

... sole property as a result of the divorce, and because N.J.S.A. 2A:34-23(b)(13) provides that an asset already subject to equitable ... from his non-exempt monthly income of $1826. Relying on N.J.S.A. 2A:34-23(b)(13), the judge held, in an August 21, 2009 ... 2010 order because the order in question accomplishes indirectly what N.J.S.A. 2A:34-23(b)(13) prohibits the court from accomplishing directly, namely, satisfying ... modification based upon changed circumstances is also established by statute. N.J.S.A. 2A:34-23 provides: Pending any matrimonial action . . . brought in this State or ... 06. In Innes , the Court relied upon a portion of N.J.S.A. 2A:34-23, which provides: When a share of a retirement benefit is ... N.J. at 505 (citation omitted).] The Court determined that N.J.S.A. 2A:34-23 codified existing judicial precedent establishing that pension benefits that ...

docket:	a2354-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-16
status:	unpublished
citation:
Document Size:	27679

48 ANDREW FLOCKHART v. KAREN FLOCKHART -- rank: 752

... statutory factors relating to an award of child support under N.J.S.A. 2A:34-23. However, it did not address the Guidelines' requirements for parents ... 200) and the factors A-1578-16T2 23 specified in N.J.S.A. 2A:34-23.' Child Support Guidelines, Pressler & Verniero, Current N.J. Court Rules ... for the court to 'consider the factors set forth in N.J.S.A. 2A:34-23(a) to determine the amount of the supplemental support award ... 496, 503 (1990) (citation omitted). Alimony awards are governed by N.J.S.A. 2A:34-23(b), which sets forth a list of non-exhaustive factors ... findings of fact and conclusions of law' in that regard. N.J.S.A. 2A:34-23(b). Initially, as we observed earlier, the trial court here ... Rothman v. Rothman, 65 N.J. 219, 232 (1974)). Under N.J.S.A. 2A:34-23.1, courts are required to make 'findings of fact ...

docket:	a1578-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-24
status:	Unpublished
citation:
Document Size:	81369

49 WILLIAM J. ENGELHARDT JR v. DIANA ENGELHARDT -- rank: 752

... trial court failed to weigh the factors set forth in N.J.S.A. 2A:34-23(j)(3), the record shows that the court A-1183 ... recounting the parties' testimony, in determining the alimony award. 3 N.J.S.A. 2A:34-23(j)(3) provides: When a retirement application is filed in ... ability of the obligee to have saved adequately for retirement,' N.J.S.A. 2A:34-23(j)(3),] failed to afford adequate weight to [wife's ... N.J. Super. 315, 324-25 (App. Div. 2016) (finding N.J.S.A. 2A:34-23(j)(3) governs the analysis of motions for modification or ... that in determining the alimony award, the trial court contravened N.J.S.A. 2A:34-23(b) and N.J.S.A. 2A:34-23(j) by erroneously considering both the retirement fund that ...

docket:	a1183-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-24
status:	Unpublished
citation:
Document Size:	24857

50 TARA WICKER v. JAMES WICKER -- rank: 752

... governed by distinct, objective standards defined by the Legislature in N.J.S.A. 2A:34-23(b)." 6 Ibid. Ultimately, "the overriding purpose of [ N.J.S.A. 2A:34-23(b)] is to give a matrimonial judge broad discretion and ... 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 ... considered the requisite factors in determining an alimony award, see N.J.S.A. 2A:34-23(b), 7 including expenses defendant proved rather than merely theorized ... alimony award," Gnall , supra , 222 N.J. at 430 (quoting N.J.S.A. 2A:34-23(c)), and those findings are supported by the record. ...

docket:	a2408-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-10
status:	unpublished
citation:
Document Size:	55387

51 VICTORIA GOETHALS v. JEFFREY J. GOETHALS -- rank: 749

... governing case law and the applicable statutory factors contained in N.J.S.A. 2A:34-23(n), the judge concluded '[d]efendant has fallen short . . . in ... of those decisions[.]' Relying on the statutory factors enumerated in N.J.S.A. 2A:34-23(n), the judge explained: 6 Contrary to plaintiff's claim ... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Landau, slip op. at 1-2. Those amendments defined ... union but does not necessarily maintain a single common household.' N.J.S.A. 2A:34-23(n). Under the statute, '[a] court may not find an ... whether cohabitation is occurring' . . . .' Landau, slip op. at 13 (quoting N.J.S.A. 2A:34-23(n)). We determined the party seeking modification still bears the ... express provision of the MSA and the factors enumerated in N.J.S.A. 2A:34-23(n). Thus, we agree with defendant that the judge ...

docket:	a0513-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-07
status:	Unpublished
citation:
Document Size:	51283

52 /usr/local/share/www/libweb/collections/courts/appellate/a0679-18.opn.html -- rank: 741

... family] court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. To justify a modification or termination, the moving party must ... or termination of alimony. Id. at 151-52. Similarly, in N.J.S.A. 2A:34-23(k) and (l), the Legislature identified factors a court needs ... or new employment, and the financial circumstances of the parties. N.J.S.A. 2A:34-23(k) to (l); see also Lepis, 83 N.J. at ... the family court failed to consider the factors identified in N.J.S.A. 2A:34-23. Initially, we note that defendant argues that the court failed ... demonstrates that the court considered all relevant factors identified in N.J.S.A. 2A:34-23 and cogently analyzed those factors in modifying plaintiff's alimony ... base child support award, and then analyzing the factors in N.J.S.A. 2A:34-23(a) to determine the supplemental child support award. We ...

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53 DOROTHY HARVEY v. ROBERT HARVEY, SR -- rank: 741

... at $373,000. After balancing the factors set forth in N.J.S.A. 2A:34-23, the court denied defendant's application for alimony. The court also balanced the equitable distribution factors set forth in N.J.S.A. 2A:34-23.1 and determined that plaintiff would continue to operate HH ... 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 ... p. Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23.1.] The court should apply the statutory factors and "distribute ... discretion.  He argues that the factors in the alimony statute, N.J.S.A. 2A:34-23, weigh in favor of him receiving alimony and the judge ... d as modified , 183 N.J. 290 (2005); see also N.J.S.A. 2A:34-23. "[T]he goal of a proper alimony award is ...

docket:	a3190-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-02
status:	unpublished
citation:
Document Size:	68844

54 SANDRA RICHARDS v. CRAIG RICHARDS -- rank: 741

... permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony." N.J.S.A. 2A:34-23(b). In the present case, we are asked to focus ... Sandra limited duration alimony instead of permanent alimony. Pursuant to N.J.S.A. 2A:34-23(c), if the judge after weighing the many relevant factors ... on the evidence about [the thirteen] factors set forth [in N.J.S.A. 2A:34-23(b)]. The court shall not award limited duration alimony as ... factors a court must consider in fixing an alimony award. N.J.S.A. 2A:34-23(b)(2). Moreover, N.J.S.A. 2A:34-23(f) provides further flexibility by announcing that nothing in the ... addition, the judge addressed the thirteen factors set forth in N.J.S.A. 2A:34-23(b). He found Sandra was earning more money than ...

docket:	a0738-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-09
status:	unpublished
citation:
Document Size:	69020

55 PAMELA LOGAN v. RONALD BROWN -- rank: 738

... law that is existing at the time,' and therefore applied N.J.S.A. 2A:34-23(n), the 2014 statutory amendment. The statute provides alimony may ... modification and not a termination of alimony if cohabitation occurred; N.J.S.A. 2A:34-23(n) was improperly applied; and defendant presented no proofs to ... the court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. To make such a modification, a showing of 'changed circumstances ... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Those amendments defined cohabitation as 'involv[ing] a mutually ... union but does not necessarily maintain a single common household.' N.J.S.A. 2A:34-23(n). To determine whether there is a prima facie showing ... In 2014, the Legislature addressed cohabitation in subsection (n) of N.J.S.A. 2A:34-23. That provision sets forth the following considerations that bear ...

docket:	a3554-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	41637

56 /usr/local/share/www/libweb/collections/courts/appellate/a5884-17.opn.html -- rank: 738

... of the alimony statute rather than the revised alimony statute, N.J.S.A. 2A:34-23. We accordingly reverse the August 4, 2017 order and remand ... subsequent application, which precluded consideration of the amended alimony statute, N.J.S.A. 2A:34-23. A-5884-17T1 12 obtained by Hartford and that Hartford ... years, terminating March 28, 2024, under the revised alimony statute, N.J.S.A. 2A:34-23, and eliminated both parties' child support obligations. In determining its ... the length of the marriage, except in exceptional circumstances.' (quoting N.J.S.A. 2A:34-23(b)). The court nonetheless rejected defendant's argument stating that ... 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 ... except in exceptional circumstances, exceed the length of the marriage.' N.J.S.A. 2A:34-23(c). The bill adopting the alimony amendments indicated that ...

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57 BARBARA A. MASON v. THOMAS W. MASON -- rank: 735

... meet his needs. The court's decision is consistent with N.J.S.A. 2A:34-23.1(f), which requires the consideration of '[t]he economic ... of his retirement. He contends the court's decision violated N.J.S.A. 2A:34-23(b) and -23(j)(4),6 by allowing 5 To ... had no authority over the second wife. 6 According to N.J.S.A. 2A:34-23(j)(4), 'assets distributed between the parties at the time ... about his financial situation and without a full analysis of N.J.S.A. 2A:34-23(j).' Plaintiff further adds that an 'inquiry should be made ... to elect early retirement' based on the applicable factors of N.J.S.A. 2A:34-23(j).7 We conclude the merits favor plaintiff. Effective September 10, 2014, our legislature amended the alimony statute, N.J.S.A. 2A:34-23, to add a new subsection (j), which began by ...

docket:	a2378-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-21
status:
citation:
Document Size:	27535

58 GARY EDDEY v. ILENE EDDEY -- rank: 735

... motion to terminate his alimony and life insurance obligations. Applying N.J.S.A. 2A:34-23(j)(3), the Family Part judge concluded the factors weighed ... faith retirement age and met the statutory factors required by N.J.S.A. 2A:34-23(j)(3). He also was eligible for social security benefits ... In reaching his decision, the judge considered the factors under N.J.S.A. 2A:34-23(j)(3) in holding that plaintiff's alimony and life ... the request for modification or termination must be reviewed under N.J.S.A. 2A:34-23(j)(3). That section expressly requires '[i]n making its ... has demonstrated that modification or termination of alimony is appropriate . . . .' N.J.S.A. 2A:34- 23(j)(3). The obligee's ability to have adequately saved ... Any other relevant factors affecting the parties' respective financial positions. [ N.J.S.A. 2A:34-23(j)(3)(a) to (h).] Importantly, alimony orders define ' ...

docket:	a2112-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-29
status:	Unpublished
citation:
Document Size:	26367

59 Marilyn A. Steneken v. Gary L. Steneken -- rank: 732

... c. 212, effective September 13, 1971, and now codified at N.J.S.A. 2A:34-23, we explained the rationale for equitable distribution as follows: [T ... trial court must consider in that context. Again, in contrast, N.J.S.A. 2A:34-23.1 implements the trial court’s power to award equitable ... the circumstances and congruent with the standards set forth in N.J.S.A. 2A:34-23 (alimony) and -23.1 (equitable distribution). The logical force of ... New Jersey Statutes. The first is to subsection b of N.J.S.A. 2A:34-23 and the second is to an entirely separate section codified ... A. 2A:34-23b refers exclusively to subsection b of N.J.S.A. 2A:34-23. Footnote: 2     The reasoning behind the statutory grant of authority ...

docket:	a-100-03
court:	njsupreme
decided:	2005-05-18
status:
citation:	183 N.J. 290
Document Size:	59862

60 EDWIN BICE v. TAMMY BICE -- rank: 732

... TO MAKE MEANINGFUL FACTUAL FINDINGS AND/OR AS REQUIRED UNDER N.J.S.[A.] 2A:34-23.1(a)-(p) EQUITABLE DISTRIBUTION CRITERIA THEREBY COMMITTING REVERSIBLE ERROR ... not limited to, the factors set forth in this section." N.J.S.A. 2A:34-23.1. The alimony statute requires the same. "In any case ... make specific findings on the evidence about the above factors." N.J.S.A. 2A:34-23(c). See also N.J.S.A. 2A:34-23(b) (stating that, in setting alimony, "the court shall consider ... p. Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23.1.] The court here simply failed to address and consider ... 13) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] In applying the factors, the court must be ...

docket:	a5908-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-19
status:	unpublished
citation:
Document Size:	51403