Search Rutgers Law Library N.J. Court Opinions

91 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status:	unpublished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

92 DEBORAH SPANGENBERG v. DAVID KOLAKOWSKI -- rank: 638

... 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

93 LISA B. WALDORF v. JOHN H. WALDORF -- rank: 636

... 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

94 MICHAEL BOGHOSIAN v. TERRI SUE BOGHOSIAN -- rank: 636

... 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

95 DOMENIC R. PALMIERE v. DEBORAH CORTES-PALMIERE -- rank: 636

... 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

96 JOSEPH R. IANNIELLO v. JENNIFER M. PIZZO -- rank: 633

... 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

97 FENGQIAO LU v. JIANSHE WU -- rank: 631

... 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

98 TARA WICKER v. JAMES WICKER -- rank: 631

... case, the court should consider the factors set forth in N.J.S.A. 2A:34- - 23 or N.J.S.A. 9:17-53 when establishing ... college, Family Part judges should 'balance the statutory criteria of N.J.S.A. 2A:34- - 23(a) and the Newburgh factors (collectively, 'off-Guidelines') as well ... N.J.S.A. 2A:17-56.67(e) and N.J.S.A. 2A:34-23(a). Alternatively, defendant argues the trial court failed to make ... N.J.S.A. 2A:17-56.67(e) and N.J.S.A. 2A:34-23(a) is misplaced as those sections of the statute apply ... college, Family Part judges should 'balance the statutory criteria of N.J.S.A. 2A:34-23(a) and the Newburgh factors, as well as any other ...

docket:	a1932-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-07
status:	Unpublished
citation:
Document Size:	37987

99 /usr/local/share/www/libweb/collections/courts/appellate/a5362-17.opn.html -- rank: 631

... 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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100 JAMES THOMAS v. SHEYEAST THOMAS -- rank: 628

... for alimony, the judge analyzed the fourteen factors enumerated in N.J.S.A. 2A:34-23(b). He indicated his analysis would only focus on limited ... explaining his analysis was governed by the sixteen factors under N.J.S.A. 2A:34-23.1. Again, the judge analyzed each factor, making findings on ... is 'frame[d]' by the statutory factors set forth in N.J.S.A. 2A:34-23(b). Steneken v. Steneken, 367 N.J. Super. 427, 434 ... 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 ... 19 17 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 ... the court thoughtfully considered each of the fourteen factors under N.J.S.A. 2A:34- 23(b) before rendering its decision. The court reasoned: [P] ...

docket:	a1700-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	44848

101 LISA REMY VS. NKOSI REMY -- rank: 626

... governed by distinct, objective standards defined by the Legislature in N.J.S.A. 2A:34-23(b).' Gnall v. Gnall, 222 N.J. 414, 429 (2015 ... 14) Any other factors which the court may deem relevant. [N.J.S.A. 2A:34-23(b).] The standard of review of an alimony award is ... which must take into account the factors set forth in N.J.S.A. 2A:34-23(b) and case law. Steneken v. Steneken, 367 N.J ... 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[)].' Lombardi, 447 N.J. Super. at 39-40 (quoting ...

docket:	a1873-22
court:	appellate
decided:	2024-07-03
status:	Unpublished
citation:
Document Size:	42367

102 BONNIE IMPOSIMATO v. BIAGIO IMPOSIMATO -- rank: 626

... 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

103 MICHAEL GIUNTA v. SHANNON FAHEY -- rank: 626

... be weighed when considering the allocation of spousal support under N.J.S.A. 2A:34-23, applying his findings to each.1 Addressing the 'actual need and ability of the parties to pay' under N.J.S.A. 2A:34-23(b)(1), the court acknowledged the husband's recent job ... Regarding the parties' ages and physical and emotional health under N.J.S.A. 2A:34-23(b)(3), the court found no age or health concerns ... to the 'standard of living established in the marriage' under N.J.S.A. 2A:34-23(b)(4), the court reiterated that while their marital lifestyle ... reduced lifestyle should be shared by both the parties.' Under N.J.S.A. 2A:34-23(b)(5), which considers the parties' 'earning capacity' and educational ... has expressly authorized LDA as a permitted form of alimony. N.J.S.A. 2A:34-23(c). LDA is generally appropriate in cases involving marriages ...

docket:	a0973-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-06
status:	Unpublished
citation:
Document Size:	31782

104 LISA BUSSO, v. ANDREW BUSSO, JR -- rank: 626

... 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

105 N.C v. D.C -- rank: 626

... 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