Search Rutgers Law Library N.J. Court Opinions

76 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status:	Unpublished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

77 DOROTHY HARVEY v. ROBERT HARVEY, SR -- rank: 646

... 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status:	unpublished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

78 /usr/local/share/www/libweb/collections/courts/appellate/a0679-18.opn.html -- rank: 646

... 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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79 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

80 PAMELA LOGAN v. RONALD BROWN -- rank: 643

... 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

81 /usr/local/share/www/libweb/collections/courts/appellate/a5884-17.opn.html -- rank: 643

... 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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82 GARY EDDEY v. ILENE EDDEY -- rank: 641

... 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

83 /usr/local/share/www/libweb/collections/courts/appellate/a2791-19.opn.html -- rank: 641

... to make specific findings as to the statutory factors under N.J.S.A. 2A:34-23(a) that governs child support and improperly exceeded the New ... either the parties' November 14, 2011 mediation agreement or the N.J.S.A. 2A:34-23 factors, and (3) not requiring defendant to contribute to the ... in excess of $187,200) and the factors specified in N.J.S.A. 2A:34-23.' Pressler & Verniero, Appendix IX-A to R. 5:6A, para ... must be guided by consideration of the factors specified in N.J.S.A. 2A:34-23(a). The statutory factors are as follows: (1) Needs of ... of law supporting its analysis of the statutory factors under N.J.S.A. 2A:34-23(a) to be considered for an above the Guidelines award ... expenses, 'a trial court should balance the statutory criteria of N.J.S.A. 2A:34-23(a) . . . factors, as well as any other relevant circumstances, ...

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court:	NJ Superior Court Law/Chancery Division
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84 AZIZA ARNETTE HARDY v. LAHAN AKINOLA -- rank: 641

... support for K.A., the court considered the factors in N.J.S.A. 2A:34-23(a). The judge reviewed these factors and A-0306-19 ... in excess of $187,200) and the factors specified in N.J.S.A. 2A:34-23.' Ibid. Furthermore, when setting child support for college students living ... the court must determine support based on the factors in N.J.S.A. 2A:34-23(a). Ibid. (citing Jacoby, 427 N.J. Super. at 113 ... the trial court did not properly weigh the factors in N.J.S.A. 2A:34-23(a) in making the supplemental award for K.A. The ... other factors the court may deem relevant. [Ibid.] As noted, N.J.S.A. 2A:34-23(a) requires the court to consider, among other things, the ... 88 N.J. at 545. Those factors are codified in N.J.S.A. 2A:34- 23(a). Here, the Family Part judge recognized on reconsideration ...

docket:	a0306-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	33695

85 BARBARA A. MASON v. THOMAS W. MASON -- rank: 641

... 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

86 /usr/local/share/www/libweb/collections/courts/appellate/a2610-13xx.opn.html -- rank: 638

... 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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court:	NJ Superior Court Law/Chancery Division
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87 Marilyn A. Steneken v. Gary L. Steneken -- rank: 638

... 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

88 KEITH LOMBARDO v. BRIDGET LOMBARDO -- rank: 638

... 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

89 LINDA STRAUSS v. BABAK SAADATMAND -- rank: 638

... 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

90 GARY POLLER VS. SUSANA POLLER -- rank: 638

... had a 'dating relationship—a boyfriend.' Considering the facts under N.J.S.A. 2A:34-23(n), the judge concluded the dating relationship fell short of ... prima facie showing as to each statutory factor identified in N.J.S.A. 2A:34-23(n),' citing Temple v. Temple, 468 N.J. Super. 362 ... be defined by New Jersey law at that time.' Under N.J.S.A. 2A:34-23(n): Alimony may be suspended or terminated if the payee ... 85 (2023). There, the Court held: We do not view . . . N.J.S.A. 2A:34-23(n) . . . to require evidence of a financial relationship between the ... a court's consideration of '[a]ll other relevant evidence,' N.J.S.A. 2A:34-23(n)(7), thereby demonstrating the statute does not contain the ... associated with marriage or civil union. '' Id. at 371. (quoting N.J.S.A. 2A:34-23(n)). Governed by these standards, we are convinced the ...

docket:	a0251-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	25205