Search Rutgers Law Library N.J. Court Opinions

61 MARGARET S. FREY VS. THOMAS G. FREY -- rank: 670

... A. The Equitable Distribution Award Equitable distribution is governed by N.J.S.A. 2A:34-23(h) and involves a three-step process. Thieme v. Aucoin ... allocation of distribution is guided by the factors delineated in N.J.S.A. 2A:34-23.1. Slutsky, 451 N.J. Super. at 355. There is ... to the acquisition of income and property' during the marriage. N.J.S.A. 2A:34-23.1. However, equitable distribution does not necessarily entail equal distribution ... principles as the division of assets. Id. at 348, 366; N.J.S.A. 2A:34-23.1(m). The trial court erred by failing to perform ... be calculated after a consideration of all factors enumerated in N.J.S.A. 2A:34-23. Further, with respect to defendant's SBA loans, the trial ... allocation of marital debt and remand for findings consistent with N.J.S.A. 2A:34-23. C. The Alimony Award. Pursuant to N.J.S. ...

docket:	a2271-21
court:	appellate
decided:	2024-03-26
status:	Unpublished
citation:
Document Size:	29739

62 Cathleen Quinn v. David J. Quinn -- rank: 668

... 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

63 D.P.G v. L.G. -- rank: 660

... 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

64 GREGORY C. LUND v. CAROLINE LUND -- rank: 658

... the marital assets, the judge considered the applicable factors under N.J.S.A. 2A:34-23.1: the parties' twenty-six years of marriage; their ages ... or either of them during the marriage or civil union.' N.J.S.A. 2A:34-23(h). We construe the statute to 'recognize that marriage is ... v. Petersen, 85 N.J. 638, 643 n. 2 (1981)). N.J.S.A. 2A:34-23.1 requires a court to consider the following factors when ... on the judge's application of the statutory factors under N.J.S.A. 2A:34-23.1, and consideration of defendant's nonpecuniary contributions to the ... Jacoby, 427 N.J. Super. 109, 116 (App. Div. 2012)). N.J.S.A. 2A:34-23 provides: '[A]fter judgment of divorce . . . the court may make ... child; the child's income; and any other relevant factors. N.J.S.A. 2A:34-23(a). In computing child support for adult unemancipated children ...

docket:	a2943-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-14
status:	Unpublished
citation:
Document Size:	36713

65 BEATRIZ GARCIA-TRAVIESO v. MICHAEL GARCIA-TRAVIESO -- rank: 658

... 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

66 DOLORES McPHILLIPS v. STEPHEN McPHILLIPS -- rank: 658

... 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

67 /usr/local/share/www/libweb/collections/courts/appellate/a1639-16.opn.html -- rank: 658

... 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	70462

68 TARA WICKER v. JAMES WICKER -- rank: 655

... 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

69 WILLIAM J. ENGELHARDT JR v. DIANA ENGELHARDT -- rank: 655

... 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

70 ANDREW FLOCKHART v. KAREN FLOCKHART -- rank: 655

... 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

71 VICTORIA GOETHALS v. JEFFREY J. GOETHALS -- rank: 653

... 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

72 ARTHUR J. RAPORTE v. KAREN SARGENT -- rank: 653

... federal Social Security Act (42 U.S.C. § 416).' N.J.S.A. 2A:34-23. The record reflects plaintiff reached 'full retirement age' in 2020 ... his alimony obligation. Finally, plaintiff stated, 'I understand that under N.J.S.A. 2A:34-23(j)(3), I may be permitted to terminate my permanent ... Judge Fitzpatrick also disagreed with the arguments plaintiff advanced under N.J.S.A. 2A:34-23(j)(3), stating the parties' property settlement agreement is clear ... as a matter of law when it failed to apply N.J.S.A. 2A:34-23(j) to plaintiff's application to terminate his alimony obligation ... also Lepis v. Lepis, 83 N.J. 139, 146 (1980); N.J.S.A. 2A:34-23(b). When an A-4224-19 8 obligor seeks a ... Regarding plaintiff's first argument, we are mindful that under N.J.S.A. 2A:34-23(j)(3), '[w]hen a retirement application is filed ...

docket:	a4224-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	24233

73 J.T.S. v. S.R -- rank: 650

... and (10) Any other factors the court may deem relevant. [N.J.S.A. 2A:34-23(a).] The final judgment of divorce required plaintiff to pay ... the trial judge's application of the factors listed in N.J.S.A. 2A:34-23(a), and is reasonably calculated to support the lifestyle that ... Limited duration alimony, at issue here, is expressly permitted by N.J.S.A. 2A:34-23(c), which provides: For any marriage . . . less than [twenty] years ... consideration of all of the statutory factors set forth in [N.J.S.A. 2A:34-23(b)]. [(emphasis added).] Exceptional circumstances that may warrant an extension ... or circumstances that the court deems equitable, relevant and material. [N.J.S.A. 2A:34-23(c).] In this case, the evidence clearly demonstrates that throughout the marriage defendant relied on plaintiff for financial support. N.J.S.A. 2A:34- 23(c)(2). The degree to which she was financially ...

docket:	a3309-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-19
status:	Unpublished
citation:
Document Size:	59849

74 /usr/local/share/www/libweb/collections/courts/appellate/a1841-20.opn.html -- rank: 650

... 430 N.J. Super. 552, 568 (App. Div. 2013)). Under N.J.S.A. 2A:34-23, the Family Part has the authority to modify child-support ... family income' exceeding $187,200 'and the factors specified in N.J.S.A. 2A:34-23.'); Caplan v. Caplan, 182 N.J. 250, 271 (2005) (stating ... 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 ... escrow account for the children's medical expenses. We disagree. N.J.S.A. 2A:34-23 permits a family court, after a divorce, to 'make such ... Plaintiff also relies on the child support factors enumerated in N.J.S.A. 2A:34- 23(a), including the '[n]eeds of the child' and the ... s]tandard of living and economic circumstances of each parent[.]' N.J.S.A. 2A:34-23(a)(1), (2). As noted by plaintiff, the trial ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	56314

75 SANDRA RICHARDS v. CRAIG RICHARDS -- rank: 646

... 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