Search Rutgers Law Library N.J. Court Opinions

106 Sandra G. Caplan v. Craig Caplan -- rank: 623

... 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

107 MARYBETH JONES v. ANDREW VIOLA, ESQUIRE -- rank: 623

... permitted form of alimony, along with 'rehabilitative' and 'reimbursement' alimony. N.J.S.A. 2A:34-23(c)(1) to (3). The statute obligates a court to ... September 2014 the Legislature abolished permanent alimony by amendment to N.J.S.A. 2A:34-23(b). The parties do not dispute that the present case ... court found would occur at the time of the award.' N.J.S.A. 2A:34-23(c); see also Lepis v. Lepis, 83 N.J. 139 ... modify the length of the term except in unusual circumstances.' N.J.S.A. 2A:34-23(c) (emphasis added). The statute does not define the concept ... exempt her from the applicable requirements of the alimony statute, N.J.S.A. 2A:34-23(c). A-1810-18T4 16 The Family Part judge denied ... changed circumstances under Lepis and Crews, or unusual circumstances under N.J.S.A. 2A:34-23(c). E. Appellant's 2013 Appeal from the Family ...

docket:	a1810-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-27
status:	Unpublished
citation:
Document Size:	51929

108 BARBARA BAKER v. TED H. BAKER -- rank: 623

... 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

109 GLADYS MITCHELL v. FREDDIE MITCHELL -- rank: 621

... of reasons. On the issue of alimony, the court referenced N.J.S.A. 2A:34-23(b). The court found the needs of the parties and ... equitable distribution set forth by the New Jersey Legislature in N.J.S.A. 2A:34-23.1. This process is required even when the analysis is ... The trial judge must apply the factors set forth in N.J.S.A. 2A:34-23(b), when determining eligibility for alimony, the type of alimony ... on the evidence presented weighing the objective standards delineated in N.J.S.A. 2A:34-23(b). Clark v. Clark , 429 N.J. Super. 61 , 73 ...

docket:	a2330-11
court:	NJ Superior Court Appellate Division
decided:	2015-02-12
status:	unpublished
citation:
Document Size:	45726

110 LINDA BRIGHT v. JAMES BRIGHT -- rank: 621

... for such a limitation of the trial court's discretion. N.J.S.A. 2A:34-23 governs alimony awards, stating in part that "after judgment of ... the requirement that the order be "fit, reasonable and just." N.J.S.A. 2A:34-23. We note further that, even if not legally incompetent, a ... reflected a consideration of the applicable criteria set forth in N.J.S.A. 2A:34-23.1. In particular, the court reviewed "[t]he contribution of ... appreciation in the amount or value of the marital property." N.J.S.A. 2A:34-23.1i. See Genovese , supra , 392 N.J. Super. at 226 ... 256,500. The "overriding purpose" of the equitable distribution statute, N.J.S.A. 2A:34-23, is "to give a matrimonial judge broad discretion and authority ... evidence in the record and consistent with the factors in N.J.S.A. 2A:34-23.1. See Rothman v. Rothman , 65 N.J. 219 , ...

docket:	a5714-07
court:	superior court appellate division
decided:	2009-07-09
status:	unpublished
citation:
Document Size:	60868

111 DAWN GROSS PUCHALSKY v. CRAIG PUCHALSKY -- rank: 618

... his CIS. The judge applied the factors set forth in N.J.S.A. 2A:34-23.1, to determine equitable distribution. He found that the most ... equitable distribution. The judge analyzed the factors set forth in N.J.S.A. 2A:34-23 with respect to alimony. He concluded that the significant factors ... alimony, the trial judge relied on the following factors in N.J.S.A. 2A:34-23(b): (1) The actual need and ability of the parties ... nature of the case shall render fit, reasonable and just." N.J.S.A. 2A:34-23. Measured against those standards and the judge's factual findings ... the parties after analysis of the statutory factors set forth 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 trial judge should apply the statutory factors ...

docket:	a0413-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-22
status:	unpublished
citation:
Document Size:	74311

112 WILLIAM NIEVES v. LINDA R. TINATI-CUELLAR -- rank: 618

... child support, he argued that the factors set forth in N.J.S.A. 2A:34-23, not the Child Support Guidelines, applied, and that he had ... 5-1(b). He acknowledged that he should have applied N.J.S.A. 2A:34-23, not the Child Support Guidelines, in setting child support, but ... of child support than he had previously presented, including that N.J.S.A. 2A:34-23 applied to his request to terminate child support. Plaintiff also contends that the judge erred in failing to apply N.J.S.A. 2A:34-23. In his supplemental brief following the remand, plaintiff contends that ... working, and the application of the factors set forth in N.J.S.A. 2A:34-23. As the judge acknowledged, he should have applied N.J.S.A. 2A:34-23, not the Child Support Guidelines, in determining child support ...

docket:	a5686-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	22065

113 AMIRA EL-GOGHEL v. AMR SHEBITA -- rank: 618

... to alimony, the judge analyzed the factors set forth in N.J.S.A. 2A:34-23. He determined that plaintiff earned $91,000 annually. He also ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23. Measured against these standards and the judge's credibility and ... The judge balanced all of the statutory factors enumerated in N.J.S.A. 2A:34-23(b) and arrived at a determination that finds ample factual ... 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 ... Property acquired during the marriage is subject to equitable distribution. N.J.S.A. 2A:34-23. However, pre-marital property which was owned at the ...

docket:	a2319-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-02-02
status:	Published
citation:
Document Size:	72908

114 KEVIN J. FRIEL v. CARLY A. BRAUN-FRIEL -- rank: 616

... for two years. The relevant section of the alimony statute, N.J.S.A. 2A:34-23(c), provides that in marriages of less than twenty years ... The court considered the factors relevant to alimony, contained in N.J.S.A. 2A:34-23(b), as well as factors indicative of exceptional circumstances requiring ... to the duration of alimony, which are set forth in N.J.S.A. 2A:34-23(c). As to the statutory factors in subsection (b) concerning ... per hour. During its analysis of the factors contained in N.J.S.A. 2A:34-23(b), the court made downward adjustments to defendant's expenses ... she met the criteria for 'exceptional circumstances' set forth in N.J.S.A. 2A:34-23(c), the court erred by limiting the duration of alimony ... alimony. The court must consider the factors set out in N.J.S.A. 2A:34-23(b) and case law defining the purpose of alimony. ...

docket:	a4996-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-05
status:	unpublished
citation:
Document Size:	50454

115 N.M. v. J.M. -- rank: 616

... A-2131-17T2 8 applied the fourteen factors enumerated in N.J.S.A. 2A:34-23(b), making specific findings for each factor. Based on 'the ... 9 marriage . . . with neither party having greater entitlement thereto,' see N.J.S.A. 2A:34-23(c), and that alimony was 'neither a punishment for the ... alimony, taxable to plaintiff and tax-deductible to defendant. See N.J.S.A. 2A:34-23(c). Regarding plaintiff's request for a savings component, relying ...

docket:	a2131-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-29
status:	Unpublished
citation:
Document Size:	40922

116 /usr/local/share/www/libweb/collections/courts/appellate/a3573-18.opn.html -- rank: 613

... former marital home. The judge calculated child support pursuant to N.J.S.A. 2A:34-23(a) because the parties' incomes exceeded the maximum under the ... greater entitlement to that standard of living than the other.' N.J.S.A. 2A:34-23(b)(4). In enacting N.J.S.A. 2A:34-23(b)(4), the Legislature did not intend an income equalization ... judge had discretion to consider whether alimony would be taxable. N.J.S.A. 2A:34-23(b)(12). The judge expressed a rationale for awarding non ... using the guidelines, as opposed to the factors enumerated in N.J.S.A. 2A:34-23(a), to calculate child support for the parties' daughter, who ... Contrary to defendant's claims, the trial judge analyzed each N.J.S.A. 2A:34-23(a) factor in detail, acknowledged the parties' income exceeded ...

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court:
decided:
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Document Size:	37562

117 CHERYL BOGDAN v. JOSEPH BOGDAN -- rank: 613

... Jerejian recognized his obligation to consider the factors articulated in N.J.S.A. 2A:34-23(b). He first found Mrs. Bogdan had a need for ... channeled to take into account the factors set forth in N.J.S.A. 2A:34-23(b) and decisional law defining the purposes of alimony. Steneken ... will not be disturbed absent an abuse of discretion. Ibid. N.J.S.A. 2A:34-23(b) sets forth the guidelines and objective standards that apply ... 13) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] Furthermore, the statute requires that the court "make specific ... there is a request for an award of permanent alimony." N.J.S.A. 2A:34-23(c). If the court determines that permanent alimony is not ... in those cases where permanent alimony would otherwise be awarded." N.J.S.A. 2A:34-23(c). In Cox , the trial court's award of ...

docket:	a6049-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	48933

118 CHRISTINE AVELINO-CATABRAN v. JOSEPH A. CATABRAN -- rank: 613

... forth in the guidelines rather than those set forth in N.J.S.A. 2A:34-23(a), 10 as required by Jacoby . Jacoby , supra , 427 N ... must determine support based on the factors set forth in N.J.S.A. 2A:34-23(a). Jacoby , supra , 427 N.J. Super. at 113; see ... court was required to consider the factors set forth in N.J.S.A. 2A:34-23(a) when calculating support for Catherine, as she was a ... court's failure to analyze the factors set forth in N.J.S.A. 2A:34-23(a) when calculating Catherine's support, and to properly calculate ... factors set forth in Newburgh and the statutory criteria of N.J.S.A. 2A:34-23(a), along with any other factors the court deems relevant ... Moss , supra , 289 N.J. Super. at 354-55. 10 N.J.S.A. 2A:34-23(a) requires the court to consider: (1)  Needs of ...

docket:	a4973-13
court:	NJ Superior Court Appellate Division
decided:	2016-06-16
status:	published
citation:	445 N.J.Super. 574 139 A.3d 1202
Document Size:	54166

119 R.S.V v. C.V -- rank: 611

... Child Support In Violation of R. 1:7-4(a), N.J.S.A. 2A:34-23 and N.J.S.A. 9:17-53 III. THE ... IN AWARDING DEFENDANT COUNSEL FEES IN THIS MATTER PURSUANT TO N.J.S.A. 2A:34-23; R. 4:42-9 AND R. 5:3-5(C ... as the factors enumerated in the alimony statute are considered. N.J.S.A. 2A:34-23(b). "Limited duration alimony, like permanent alimony, is based primarily ... cases where permanent alimony would otherwise be awarded.'" Ibid. (quoting N.J.S.A. 2A:34-23(c)). As we explained in Cox v. Cox , 335 N ... findings with respect to each of the factors enumerated at N.J.S.A. 2A:34-23(b). We affirm these findings substantially for the reasons stated ... 1997); see also R. 5:6A. The factors enumerated in N.J.S.A. 2A:34-23(a) must be considered and applied. Winterberg , supra , 300 ...

docket:	a0103-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-08
status:	unpublished
citation:
Document Size:	43469

120 RAJAT CHANDA v. KRISHNA SEN -- rank: 611

... court must consider the sixteen statutory factors set forth in N.J.S.A. 2A:34-23.1. Sauro v. Sauro , 425 N.J. Super. 555 , 576 ... consider "[a]ny other factors which [it] may deem relevant." N.J.S.A. 2A:34-23.1(p). Accordingly, the court's work at step three ... name but not in function – are relevant considerations under N.J.S.A. 2A:34-23.1(p) that buttress the court's allocation. Other statutory factors are supportive. For example, N.J.S.A. 2A:34-23.1(c) requires the court to consider "[t]he income ... to the marriage or civil union by each party." Also, N.J.S.A. 2A:34-23.1(i) requires the court to consider "[t]he contribution ... not limited to, the factors set forth in this section. [ N.J.S.A. 2A:34-23.1.] Notwithstanding the parties' contribution to the court's ...

docket:	a4178-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-31
status:	published
citation:
Document Size:	40579