Search Rutgers Law Library N.J. Court Opinions

61 /usr/local/share/www/libweb/collections/courts/appellate/a2610-13xx.opn.html -- rank: 732

... Property" would not be subject to distribution pursuant to the N.J.S.A. 2A:34-23, as amended from time to time, or other similar laws ... income would be subject to equitable distribution in accordance with N.J.S.A. 2A:34-23. The court considered the criteria for equitable distribution in N.J.S.A. 2A:34-23.1, and concluded that defendant's wage income should be ... Schwab and DWS Scudder, was subject to distribution pursuant to N.J.S.A. 2A:34-23. Other property considered "Marital Property" under the PNA was subject ... fifty-fifty basis. Here, the court considered the criteria in N.J.S.A. 2A:34-23.1 and made detailed findings of fact. The court's ... be divided on a fifty-fifty basis. C. Application of N.J.S.A. 2A:34-23.1. Defendant maintains that the court incorrectly applied the ...

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62 LINDA STRAUSS v. BABAK SAADATMAND -- rank: 732

... Property" would not be subject to distribution pursuant to the N.J.S.A. 2A:34-23, as amended from time to time, or other similar laws ... income would be subject to equitable distribution in accordance with N.J.S.A. 2A:34-23. The court considered the criteria for equitable distribution in N.J.S.A. 2A:34-23.1, and concluded that defendant's wage income should be ... Schwab and DWS Scudder, was subject to distribution pursuant to N.J.S.A. 2A:34-23. Other property considered "Marital Property" under the PNA was subject ... fifty-fifty basis. Here, the court considered the criteria in N.J.S.A. 2A:34-23.1 and made detailed findings of fact. The court's ... be divided on a fifty-fifty basis. C. Application of N.J.S.A. 2A:34-23.1. Defendant maintains that the court incorrectly applied the ...

docket:	a4661-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-03
status:	unpublished
citation:
Document Size:	43666

63 DEBORAH SPANGENBERG v. DAVID KOLAKOWSKI -- rank: 732

... require termination of alimony under newly enacted subsection (n), amending N.J.S.A. 2A:34-23. Defendant also moved to recalculate child support and the parties ... and applicable law. We reject defendant's argument to apply N.J.S.A. 2A:34-23(n) as the statutory provisions are inapplicable to post-judgment ... authority to modify alimony and support orders is found in N.J.S.A. 2A:34-23, which states: Pending any matrimonial action . . . brought in this State ... our Family Part judges. Recently, the Legislature adopted amendments to N.J.S.A. 2A:34-23, designed to more clearly quantify considerations examined when faced with ... union but does not necessarily maintain a single common household. [N.J.S.A. 2A:34-23(l)-(n).] The statute also lists factors to be examined 'when assessing whether cohabitation is occurring[.]' N.J.S.A. 2A:34-23 (n)(1) to (7). Here, plaintiff conceded she began ...

docket:	a2655-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-14
status:	published
citation:	442 N.J.Super. 529 125 A.3d 739
Document Size:	36773

64 KEITH LOMBARDO v. BRIDGET LOMBARDO -- rank: 732

... 1) the judge should have applied the new provisions of N.J.S.A. 2A:34-23(b) and (c), which no longer permit an award of ... the trial judge should have applied the new provisions of N.J.S.A. 2A:34-23 in this case. On September 10, 2014, the Legislature adopted amendments to " N.J.S.A. 2A:34-23, designed to more clearly quantify considerations examined when faced with ... 442 N.J. Super. 529 , 536-37 (App. Div. 2015). N.J.S.A. 2A:34-23(b) was amended to replace "permanent alimony" with "open durational alimony." In addition, N.J.S.A. 2A:34-23(c) was amended to add a new provision providing that ... was fourteen years in duration. Thus, had the amendments to N.J.S.A. 2A:34-23 been in effect at the time of the FJOD, ...

docket:	a3557-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-22
status:	unpublished
citation:
Document Size:	35611

65 LISA B. WALDORF v. JOHN H. WALDORF -- rank: 730

... what is appropriate to the individual circumstances of the parties. N.J.S.A. 2A:34-23(b). The alimony statute "reflect[s] the important policy of ... a]ny other factors which the court may deem relevant." N.J.S.A. 2A:34-23(b). The supporting spouse's obligation turns on the parties ... to the marital standard of living." Id. at 26 (quoting N.J.S.A. 2A:34-23(b)(4)). "'The standard of living during the marriage is ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23. "Although '[c]ourts must consider the duration of the marriage ... did not closely consider all other factors in setting alimony, N.J.S.A. 2A:34-23(b), in particular, the marital lifestyle. While the court showed ... lifestyle 'reasonably comparable' to the marital standard of living." (quoting N.J.S.A. 2A:34-23(b)(4))). Because of her unfortunate health condition, the ...

docket:	a2872-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-05
status:	unpublished
citation:
Document Size:	47578

66 MICHAEL BOGHOSIAN v. TERRI SUE BOGHOSIAN -- rank: 730

... and this court plaintiff presents an argument based primarily on N.J.S.A. 2A:34-23, which provides authority to award alimony, maintenance, child support and ... criteria relevant to adjudication of alimony but not equitable distribution. N.J.S.A. 2A:34-23 provides: [I]n all actions where a judgment of divorce ... of an express reference to equitable distribution. As noted above, N.J.S.A. 2A:34-23 addresses child support as well as alimony and equitable distribution ...

docket:	a5101-07
court:	superior court appellate division
decided:	2009-08-17
status:	unpublished
citation:
Document Size:	68875

67 DOMENIC R. PALMIERE v. DEBORAH CORTES-PALMIERE -- rank: 730

... distribution, determine their value and consider the factors enumerated in N.J.S.A. 2A:34-23.1 in determining a fair and equitable division. Rothman v. Rothman , 65 N.J. 219 , 233 (1974); see N.J.S.A. 2A:34-23.1 (requiring "specific findings of fact on the evidence relative ... statutory factors and other factors relevant in the particular case. N.J.S.A. 2A:34-23.1a-p. The decision is informed by a rebuttable presumption that both spouses made substantial contributions to the marriage. N.J.S.A. 2A:34-23.1. Although the judge did not explain what led her ... found that these parties were of similar age and health. N.J.S.A. 2A:34-23.1b. They were married for over five years when defendant filed his complaint. N.J.S.A. 2A:34-23.1c. They equally contributed to the purchase of their ...

docket:	A2877-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-31
status:	unpublished
citation:
Document Size:	41903

68 JOSEPH R. IANNIELLO v. JENNIFER M. PIZZO -- rank: 727

... 5 million in 2016. A-3531-17T1 7 required under N.J.S.A. 2A:34-23(a). The court considered, and made findings as to, each ... but that based on a consideration of the factors in N.J.S.A. 2A:34-23(a) and defendant's testimony and evidence, '[d]efend[an ... attorney's fees under Rule 5:3-5(c) and N.J.S.A. 2A:34- 23, and concluded no fees should be awarded to either party ... Isaacson, 348 N.J. Super. 560, 579 (App. Div. 2002); N.J.S.A. 2A:34-23; see also Lepis v. Lepis, 83 N.J. 139, 157 ... on the remaining family income . . . and the factors specified in N.J.S.A. 2A:34- 23.' Child Support Guidelines, Pressler & Verniero, Current N.J. Court Rules ... of the relevant statutory criteria for such award pursuant to N.J.S.A. 2A:34-23(a).' Id. at 580. By sharing a parent's ...

docket:	a3531-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-07
status:	Unpublished
citation:
Document Size:	41395

69 FENGQIAO LU v. JIANSHE WU -- rank: 724

... THE PARTIES' PROPERTIES IN CONSIDERATION OF [THE] STATUTORY FACTORS UNDER N.J.S.A. 2A:34-23.1. POINT VI THE COURT BELOW MADE AN ERROR WHEN ... to asset eligibility or ineligibility, asset valuation, and equitable distribution[.]" N.J.S.A. 2A:34-23.1. The appellate court can make fact findings if the ... 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' unique ... 229. The judge evaluated each of the statutory factors under N.J.S.A. 2A:34-23.1, and found the parties had a lengthy marriage lasting ... nature of the case shall render fit, reasonable and just[.]" N.J.S.A. 2A:34-23. The goal of alimony "is to assist the supported ...

docket:	a4690-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	71433

70 /usr/local/share/www/libweb/collections/courts/appellate/a5362-17.opn.html -- rank: 724

... salary. The judge then considered the factors set forth in N.J.S.A. 2A:34-23(a) and noted that because defendant was a stay-at ... and 10) Any other factors the court may deem relevant. [N.J.S.A. 2A:34-23(a).] Child support awards are ordinarily calculated pursuant to the ... achieved by applying a series of factors set forth in N.J.S.A. 2A:34-23.1. A-5362-17T4 17 Thus, the court must consider ... not limited to, the sixteen statutory factors set forth in N.J.S.A. 2A:34-23.1. Carr v. Carr, 120 N.J. 336, 348 (1990 ... p) Any other factors which the court may deem relevant. [N.J.S.A. 2A:34-23.1.] Thus, one factor the court considers when making an ... circumstances of the case shall render fit, reasonable and just.' N.J.S.A. 2A:34-23. Pursuant to N.J.S.A. 9:2-4, ...

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71 BONNIE IMPOSIMATO v. BIAGIO IMPOSIMATO -- rank: 718

... close his business and then retire. Applying the factors under N.J.S.A. 2A:34- 23(j)(3) to factual findings made at the plenary hearing ... these were unplanned expenses. The court considered the factors under N.J.S.A. 2A:34-23(j)(3) in holding that defendant was required to continue ... alimony. He argues the court improperly weighed the factors under N.J.S.A 2A:34- 23(j)(3) in reaching its decision. He claims the court ... also Lepis v. Lepis, 83 N.J. 139, 146 (1980); N.J.S.A. 2A:34-23(a). 'An income reduction resulting from a 'good faith retirement ... the request for modification or termination must be reviewed under N.J.S.A. 2A:34-23(j)(3). That section expressly requires 'in making its determination ... 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 ...

docket:	a1184-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-11
status:	Unpublished
citation:
Document Size:	23486

72 LISA BUSSO, v. ANDREW BUSSO, JR -- rank: 718

... the remaining family income, and the factors set forth in N.J.S.A. 2A:34-23(a), which she did not specify or analyze. The judge ... rate rather than the Guidelines, and failing to consider the N.J.S.A. 2A:34-23(a) factors, an "other dependent deduction," and the imputation of ... Guidelines amount, the court must consider the factors listed in N.J.S.A. 2A:34-23(a). Connell , supra , 313 N.J. Super. at 431. These ... and (10) Any other factors the court may deem relevant. [ N.J.S.A. 2A:34-23(a).] Thus, the maximum Guidelines award "represents the minimum award ... in excess of $187,200) and the factors specified in N.J.S.A. 2A:34-23." Pressler & Verniero, supra , comment 20 on Appendix IX-A at ... to the maximum award, and analyze the factors listed in N.J.S.A. 2A:34-23(a) to calculate an appropriate supplementary award. See Strahan , ...

docket:	a5710-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	41610

73 N.C v. D.C -- rank: 718

... the judge failed to consider the equitable distribution factors in N.J.S.A. 2A:34-23.1. We review an equitable distribution award for an abuse ... failing to apply the equitable distribution factors set forth in N.J.S.A. 2A:34-23.1 when redistributing the marital property. "[T]he goal of ... the judge must consider the statutory factors set forth in N.J.S.A. 2A:34-23.1. The judge gave detailed reasons for her findings as ... judge considered the majority of the equitable distribution factors. Compare N.J.S.A. 2A:34-23(b) with N.J.S.A. 2A:34-23.1. III Husband contends the judge erred by awarding permanent ... 60,000 of annual income to him, and improperly analyzing N.J.S.A. 2A:34-23(b)(4) (marital standard of living) and (b)(10) ( ...

docket:	a2449-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-03
status:	Published
citation:
Document Size:	40071

74 BARBARA BAKER v. TED H. BAKER -- rank: 715

... my equitable powers as I am permitted under the statute [ N.J.S.A. 2A:34-23] and the case law to set this new amount. I ... orders as circumstances may require[,]" a power that derives from N.J.S.A. 2A:34-23. Id. at 24. A reduction in the supporting spouse's ... omitted), certif. denied , 180 N.J. 354 (2004). See also N.J.S.A. 2A:34-23 (stating that the court shall order an alimony amount that ... instead of being guided by the statutory factors listed in N.J.S.A. 2A:34-23(b). As discussed above, modification of an alimony award is ... judge did not expressly consider the statutory factors listed in N.J.S.A. 2A:34-23(b) when he chose the monthly amount of $6666, it ... by that party. Each of these factors is contained in N.J.S.A. 2A:34-23. We thus reject defendant's claim in point two ...

docket:	a0777-10
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	43152

75 Sandra G. Caplan v. Craig Caplan -- rank: 715

... the trial court. In an appropriate case, after assessing the N.J.S.A. 2A:34-23 factors, the trial court may determine that a reasonable approach ... in excess of $150,800, and the factors specified in N.J.S.A. 2A:34-23[a]. **** Appendix IX-A also counsels that in situations where ... family income and the dispositive legislative factors set forth in N.J.S.A. 2A:34-23[a]. **** This court finds and concludes that for purposes of ... 800 per year, the dispositive legislative factors set forth in N.J.S.A. 2A:34-23[a] require this court to supplement the [ruled-based] maximum ... in excess of $150,800) and the factors specified in N.J.S.A. 2A:34-23.” Ibid. ; see Connell v. Connell , 313 N.J. Super. 426 ... the trial court must consider the factors set forth in N.J.S.A. 2A:34-23 factors.     While we approve of that procedure, we recognize ...

docket:	a-57-03
court:	njsupreme
decided:	2005-01-27
status:
citation:	182 N.J. 250
Document Size:	57543