Search Rutgers Law Library N.J. Court Opinions

226 CLARENCE SEALS v. MIA MOORE SEALS -- rank: 544

... child] AND DID NOT ADEQUATELY CONSIDER OR EXPLAIN FACTORS UNDER N.J.S.A. 2A:34- 23(a) FOR FAMILIES WITH INCOMES EXCEEDING NEW JERSEY CHILD SUPPORT ... regarding equitable distribution, it listed the sixteen factors enumerated in N.J.S.A. 2A:34-23.1. We reiterate the discussion. Specifically, regarding factor six—'[t ... salary of $224,000, w ith the potential for bonuses. N.J.S.A. 2A:34-23.1(f). The court imputed income of $58,000 to ...

docket:	a5856-17
court:	NJ Superior Court Appellate Division
decided:	2021-02-10
status:	Unpublished
citation:
Document Size:	23407

227 RAOMAN DAVIS v. ASHLEY SARDONI-DAVIS -- rank: 542

... contends the trial court should have considered the statutory factors, N.J.S.A. 2A:34-23, in its outside-the-guidelines calculation. As we agree with ... 940 monthly. The court did not address the statutory factors, N.J.S.A. 2A:34-23, in determining the award. A-3902-18T2 5 II. We ... the court should consider the factors set for th in N.J.S.A. 2A:34-23 or N.J.S.A. 9:17-53 when establishing ... and (10) Any other factors the court may deem relevant. [N.J.S.A. 2A:34-23.] N.J.S.A. 9:17-53 lists substantially the ... 3902-18T2 9 weight to the parties' prior agreement. See N.J.S.A. 2A:34-23(a)(10). We do not disturb the trial court's ... was obliged to determine the parties' income, in particular, see N.J.S.A. 2A:34-23(a)(3), and to impute an income if appropriate, ...

docket:	a3902-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	20878

228 /usr/local/share/www/libweb/collections/courts/appellate/a0013-20.opn.html -- rank: 542

... make a temporary adjustment to his child support obligation under N.J.S.A. 2A:34-23; and (4) failing to hear oral arguments. We discern no ... the court from time to time as circumstances may require.' N.J.S.A. 2A:34-23. Appellate courts use an abuse of discretion standard '[w]hen ... Moreover, the needs of the children are always a consideration. N.J.S.A. 2A:34-23(a)(1). Defendant failed to make a prima facie showing ... should have fashioned a temporary order using its authority under N.J.S.A. 2A:34-23. The section defendant cites, N.J.S.A. 2A:34-23(k), permits temporary reductions in alimony payments, not child support ...

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229 LILLIAN DOBRE v. NIKSA DOBRE -- rank: 542

... 17 A-1315-15T2 either of them during the marriage . . . .' N.J.S.A. 2A:34-23(h). Property acquired 'by either party by way of gift ... devise, or intestate succession' is not subject to equitable distribution. N.J.S.A. 2A:34-23(h). 'Proof of [a] gift requires evidence of unequivocal donative ... In exercising that discretion, however, the court must comply with N.J.S.A. 2A:34-23, which requires consideration of 'the factors set forth in the ... Mani v. Mani, 183 N.J. 70, 94 (2005) (quoting N.J.S.A. 2A:34-23). Here, we find no abuse of discretion in the judge ... considered the factors set forth under the child support guidelines, N.J.S.A. 2A:34-23(a), which support his findings. Moreover, plaintiff's position lacks ...

docket:	a1315-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-20
status:	unpublished
citation:
Document Size:	102790

230 ROLAND M. NEWLAND v. MARIA A. NEWLAND -- rank: 542

... a 'good faith A-0482-19T2 9 retirement age under N.J.S.A. 2A:34-23(j)(1).' Accordingly, in his June 28, 2019 opinion, the ... support and has been for over [twenty] years.' Consistent with N.J.S.A. 2A:34-23(j), '[a]limony may be modified or terminated upon the ... of certain factors, '[t]he rebuttable presumption may be overcome[.]' N.J.S.A. 2A:34-23(j)(1). Such factors include '[t]he degree and duration ... ources of income, both earned and unearned, of the parties.' N.J.S.A. 2A:34-23(j)(1)(c), (f), (i). It is clear from the ...

docket:	a0482-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-21
status:	Unpublished
citation:
Document Size:	42615

231 Barbara W. Irving v. Richard H. Irving, III -- rank: 542

... a couple divorces, alimony may be awarded to either party. N.J.S.A. 2A:34-23. 11 "Alimony relates to support and standard of living; it ... v. Chalmers , 65 N.J. 186 , 192 (1974)); see also N.J.S.A. 2A:34-23. An increase or decrease in supporting spouse's income is ... 373 N.J. Super. 464, 470 (App. Div. 2004) (citing N.J.S.A. 2A:34-23). "[E]very alimony application 'rests upon its own particular footing ... parties, and the good or bad faith of either party." N.J.S.A. 2A:34-23. Rule 5:3-5(c) sets forth the factors the ... as modification of permanent alimony is "based upon the law," N.J.S.A. 2A:34-23(d), and has prospective application, and the parties' PSA contains ...

docket:	a0035-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-21
status:	unpublished
citation:
Document Size:	57059

232 ANN BUSCHER v. STEVEN TULLY -- rank: 542

... 000. Referring generally to the statutory factors set forth in N.J.S.A. 2A:34-23, but without considering them individually, the court reduced the amount ... hearing was required; (3) extension of limited duration alimony violated N.J.S.A. 2A:34-23; (4) the PSA was not unfair or inequitable; and (5 ... when plaintiff vacated the marital home before its sale. Cf. N.J.S.A. 2A:34-23(c) (stating that a court "shall not modify the length ... court should consider the equitable distribution factors set forth in N.J.S.A. 2A:34-23(a). C. Finally, we turn to the court's recalculation ... However, the court did not expressly consider the alimony factors, N.J.S.A. 2A:34-23(b), nor adequately explain the basis for its alimony determination ... findings on the evidence about all the . . . factors" as required. N.J.S.A. 2A:34-23(c). Reversed and remanded for further proceedings. We do ...

docket:	a2798-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-07
status:	unpublished
citation:
Document Size:	40280

233 MICHAEL NEUBERGER v. DINA FRIEDMAN -- rank: 542

... parties' financial circumstances and other relevant considerations set forth in N.J.S.A. 2A:34-23(a). Recognizing the anomalous result —— Neuberger's earnings ... and needs into account, applying the factors set forth in N.J.S.A. 2A:34-23. Caplan v. Caplan , 364 N.J. Super. 68 , 85 (App. Div. 2003), aff'd , 182 N.J. 250 (2005). N.J.S.A. 2A:34-23(a) requires the court to consider: (1) the needs of ... the judge identified each of the factors set forth in N.J.S.A. 2A:34-23, and addressed each separately. In reviewing the "reasonable debts and ... on the remaining family income . . . and the factors specified in N.J.S.A. 2A:34-23." Pressler & Verniero, Current N.J. Court Rules , Note 20(b ...

docket:	a5437-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-25
status:	unpublished
citation:
Document Size:	38310

234 LAURIE SOLOMON v. RANDY SOLOMON -- rank: 542

... Lepis v. Lepis , 83 N.J. 139 , 145-46 (1980); N.J.S.A. 2A:34-23. In such cases, courts should consider whether the alleged change ... establishing or modifying an alimony obligation, a court must consider N.J.S.A. 2A:34-23(b), which sets forth thirteen factors: (1) The actual need ... child support, then, a court must consider the factors under N.J.S.A. 2A:34-23(a): 4 (1) the needs of the child; (2) the ... should not have considered the children's higher education needs, N.J.S.A. 2A:34-23(a)(5), because the PSA states that "[w]hen the ... PSA language does not restrict the court's consideration of N.J.S.A. 2A:34-23(a)(5) (higher education); nor does such consideration prevent the ... we conclude that the judge correctly reviewed the factors of N.J.S.A. 2A:34-23(a), and that the record reflects adequate credible evidence ...

docket:	a5014-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-14
status:	unpublished
citation:
Document Size:	36064

235 R.S APPROVED FOR PUBLICATION APPELLATE DIVISION v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES AND UNION COUNTY BOARD OF SOCIAL SERVICES - January 23, 2014 -- rank: 542

... each party can maintain a reasonably comparable standard of living." N.J.S.A. 2A:34-23. Here, the record clearly indicates the Order was entered to ... eligibility would clearly be governed by the standards articulated in N.J.S.A. 2A:34-23. We see no principled reason why those standards would change ... however, that the standards for calculating support, set forth in N.J.S.A. 2A:34-23, permit consideration of spousal "actual need," ability to pay, and ...

docket:	a5798-11
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	434 N.J.Super. 250 83 A.3d 868
Document Size:	74348

236 SIMON COULL v. NANCY AMSTER-COULL -- rank: 539

... The judge quoted directly from the alimony statute, and specifically, N.J.S.A. 2A:34-23(l)2 to explain that because plaintiff was self- 2 ... that time. The judge found plaintiff failed to comply with N.J.S.A. 2A:34-23(l) as he has not supplied the court with a ... 253 N.J. Super. 531, 542 (App. Div. 1992) (citing N.J.S.A. 2A:34-23). 'Settlement of disputes, including matrimonial disputes, is encouraged and highly ... existence at the time of the entry of the order.' N.J.S.A. 2A:34-23(l). See also Beck v. Beck, 239 N.J. Super ...

docket:	a3334-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-01
status:	Unpublished
citation:
Document Size:	26334

237 JUDITE COSSU (n/k/a Rosa) v. SERGIO COSSU -- rank: 539

... figure, and then added a discretionary amount in accordance with N.J.S.A. 2A:34-23. The initial figure arrived at was $364.00. The Court ... in excess of $150,800) and the factors specified in N.J.S.A. 2A:34-23. Thus, the maximum guidelines award in Appendix IX-F represents ... as it too comports with the factors set out in N.J.S.A. 2A:34-23 as set forth below. Therefore, the Defendant's request that ... it was not based on the factors set forth in N.J.S.A. 2A:34-23. The Defendant asserts that the Court "guessed" what the needs ... it was not based on the factors set forth in N.J.S.A. 2A:34-23, specifically, the needs of the child as asserted by the ...

docket:	A0429-05
court:	NJ Superior Court Appellate Division
decided:	2006-06-23
status:	unpublished
citation:
Document Size:	60097

238 ALINA GREEN v. STAN GREENBERG -- rank: 539

... her order. The judge considered the factors set forth in N.J.S.A. 2A:34-23 and opined, in part: N.J.S.A. 2A:34-23 sets forth the non-exclusive list of factors a court ... Weitzman , 228 N.J. Super. 346 , 353 (App. Div. 1988). N.J.S.A. 2A:34-23 further provides that in "any matrimonial action . . . the court may ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23(b) sets forth a non-exhaustive list of thirteen factors ...

docket:	a0933-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-09
status:	unpublished
citation:
Document Size:	44550

239 K. ANTHONY THOMAS v. NATASHA THOMAS -- rank: 539

... courts must consider thirteen factors identified by the Legislature in N.J.S.A. 2A:34-23(b), as well as any other factor which the court ... about all of the . . . factors set forth in [the statute].' N.J.S.A. 2A:34-23(c). We review an award of alimony for an abuse ... family courts must take in making an equitable distribution award); N.J.S.A. 2A:34-23.1 (listing non- exclusive factors to consider in making equitable ... Diehl, 389 N.J. Super. 443, 455 (App. Div. 2006); N.J.S.A. 2A:34-23. We will disturb a counsel fee award 'only on the ... discretion. Judge Scoca appropriately considered the standards set forth in N.J.S.A. 2A:34-23 and Rule 5:3-5(c) in making an award ...

docket:	a4130-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	28451

240 LAUREN GALSKI v. TODD GALSKI -- rank: 539

... The court, instead, applied the ten factors set forth in N.J.S.A. 2A:34-23 and concluded Todd would pay child support of $350 per ... 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 ... 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 ... 326 N.J. Super. 442, 448 (App. Div. 1999) (quoting N.J.S.A. 2A:34-23). A party seeking a modification of his alimony and child ... acquired by them or either of them during the marriage . . . .' N.J.S.A. 2A:34-23(h). The statute 'should be construed, to the extent ...

docket:	a0915-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-02
status:	Unpublished
citation:
Document Size:	20876