Search Rutgers Law Library N.J. Court Opinions

46 LISA LOMBARDI v. ANTHONY A. LOMBARDI -- rank: 695

... in a support award. We agree. Alimony is authorized by N.J.S.A. 2A:34-23 and is governed by the factors enumerated in N.J.S.A. 2A:34-23(b). 4 It exists to "permit [one spouse] to share ... 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 ... greater entitlement to that standard of living than the other." N.J.S.A. 2A:34-23(b)(4). We therefore hold that the Family Part must ... findings of fact and conclusions of law in that regard." N.J.S.A. 2A:34-23(b). We recognize that the court attempted to identify ...

docket:	a3624-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-12
status:	published
citation:	447 N.J.Super. 26 145 A.3d 709
Document Size:	82464

47 PASCALE V. PASCALE -- rank: 693

... based on the remaining family income, the factors enumerated in N.J.S.A. 2A:34-23 (section 34-23), and the quality of life desired by ... based on the remaining family income, the factors enumerated in N.J.S.A. 2A:34-23 to establish a support order for that nontraditional custodial arrangement ... on the remaining family income and the factors enumerated in N.J.S.A. 2A:34-23." Id. at Appendix IX-A, ¶ (1)(b) (emphasis added). Appendix ... court may, in its discretion, consider the factors enumerated at N.J.S.A. 2A:34-23, to add to the baseline figure of child support. The ... s conclusions.      Although the Legislature has amended the governing statute, N.J.S.A. 2A:34-23, several times since Painter v. Painter , 65 N.J. 196 ...

docket:	a-91-94
court:	njsupreme
decided:	1995-07-10
status:
citation:	140 N.J. 583
Document Size:	78832

48 /usr/local/share/www/libweb/collections/courts/appellate/a4643-19.opn.html -- rank: 690

... determining 'plaintiff's ability to pay alimony' in accordance with 'N.J.S.A. 2A:34-23(b).' Similarly, the court concluded plaintiff's receipt of distributions ... considered and made findings under the factors set forth in N.J.S.A. 2A:34-23(b). Pertinent here, the court considered the actual need and ... as well as others related to the remaining factors in N.J.S.A. 2A:34-23(b), the court ordered that plaintiff pay defendant monthly alimony ... v. Lepis, 83 N.J. 139, 146 (1980)); see also N.J.S.A. 2A:34-23 ('[Alimony orders] may be revised and altered by the court ... J. Super. 107, 117-18 (explaining the 2014 amendments to N.J.S.A. 2A:34-23 do not 'evince[] any intention to alter the Lepis changed ... current alimony obligation, the court shall consider the factors in N.J.S.A. 2A:34-23(k). See Landau, 461 N.J. Super. at 116- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48353

49 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 mary v. Ronald -- rank: 685

... not consider and make findings concerning the factors enumerated in N.J.S.A. 2A:34-23(k). I. The parties were married in 1986 and divorced ... the 2014 amendments to the alimony statute set forth in N.J.S.A. 2A:34-23. II. On appeal, defendant argues that the Family Part erred ... 2) in failing to consider the factors set forth in N.J.S.A. 2A:34-23(k). We are constrained to remand because the Family Part ... the court from time-to-time as circumstances may require. N.J.S.A. 2A:34-23. In 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 ... here was entered before the September 10, 2014 amendments to N.J.S.A. 2A:34-23 became effective. Nevertheless, the JOD does not include any ...

docket:	a1160-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	23219

50 JEFFREY J. TEMPLE v. CYNTHIA G. TEMPLE -- rank: 685

... reverse. Alimony in New Jersey is, of course, governed by N.J.S.A. 2A:34-23, which allows for the ordering of alimony during the pendency ... Gayet v. Gayet, 92 N.J. 149, 154-55 (1983); N.J.S.A. 2A:34-23(n). A-0293-20 2 And alimony may be terminated ... has not been precisely defined since the 2014 enactment of N.J.S.A. 2A:34-23(n). But we reject what seems to be implied in ... must be presented on all six statutory considerations contained in N.J.S.A. 2A:34-23(n). To be sure, the statute requires judges to consider ... 20 4 spouse and another 'maintain a single common household.' N.J.S.A. 2A:34- 23(n). Instead, the Legislature defined cohabitation as 'a mutually supportive ... privileges that are commonly associated with marriage or civil union.' N.J.S.A. 2A:34-23(n). To be clear, we are mindful the Legislature ...

docket:	a0293-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-17
status:	Unpublished
citation:
Document Size:	32080

51 Kiken v. Kiken -- rank: 683

... Supreme Court granted Ellen's petition for certification. HELD: Under N.J.S.A. 2A:34-23, Donald Kiken's estate is bound by his obligation to ... of children. (pp. 8-9) 3. The Court has construed N.J.S.A. 2A:34-23 liberally to allow a court to enter a support order ... continuing obligation to support a child. (pp. 13-14) 5. N.J.S.A. 2A:34-23 authorizes courts to enter reasonable and equitable support orders, including ... Legislature essentially approved those criteria when amending the support statute, N.J.S.A. 2A:34-23 liberally and equitably").     Although N.J.S.A. 2A:34-23 does not specifically say so, the statutory scheme suggests that ... pay alimony terminates on the death of the payor spouse. N.J.S.A. 2A:34-23, however, contains no such limitation. Furthermore, the Parentage Act, ...

docket:	a-97-96
court:	njsupreme
decided:	1997-06-12
status:
citation:	146 N.J. 500
Document Size:	40629

52 RODDY ENNICO v. LOUISE ENNICO -- rank: 683

... also Lepis v. Lepis, 83 N.J. 139, 146 (1980); N.J.S.A. 2A:34-23(b). Where the supporting spouse seeks a termination of alimony ... with these standards, as well as the framework outlined under N.J.S.A. 2A:34- 23(j)(3). This section of the statute applies to modification ... demonstrated that modification or termination of alimony is appropriate.' 4 N.J.S.A. 2A:34-23(j)(3); see also Landers, 444 N.J. Super. at 321-24. 4 Specifically, N.J.S.A. 2A:34-23(j)(3) compels a judge to consider: (a) The age ... the Family Part judge improperly weighed the various factors under N.J.S.A. 2A:34-23(j)(3) and gave 'overriding' weight to defendant's level ... Any other relevant factors affecting the parties' respective financial positions. [ N.J.S.A. 2A:34-23(j)(3)(a) to (h).] A-4377-19 25 ...

docket:	a4377-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-29
status:	Unpublished
citation:
Document Size:	49556

53 /usr/local/share/www/libweb/collections/courts/trial/mueller.opn.html -- rank: 683

... spousal support obligation based upon an actual or "prospective" retirement. N.J.S.A. 2A:34-23(j)(1) – (3). What, however, does the term, "prospective ... in the near future, for the court’s consideration under N.J.S.A. 2A:34-23(j). FACTUAL BACKGROUND Plaintiff and defendant married in 1986, and ... alimony obligation under New Jersey's recently amended alimony statute, N.J.S.A. 2A:34-23(j). 1 Specifically, he asserts that he is now fifty ... New Jersey Legislature formally amended the state's alimony statute, N.J.S.A. 2A:34-23, to include the establishment of statutory standards for consideration of ... statute was September 10, 2014. The new retirement sections are N.J.S.A. 2A:34-23(j)(1), which covers termination of an alimony obligation established in an order entered after September 10, 2014; N.J.S.A. 2A:34-23(j)(2), which covers termination of alimony based upon ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	38436

54 ROSEMARY SAMMARCO v. THOMAS SAMMARCO -- rank: 683

... The trial court terminated defendant's alimony obligations pursuant to N.J.S.A. 2A:34-23(j), placing its reasons on the record, but misapplying the ... the order. It applied the facts in the record to N.J.S.A. 2A: 34-23(j). Focusing on subsection (j)(1), the court found plaintiff ... that the Family Part used the wrong statutory criteria under N.J.S.A. 2A:34-23(j) to decide the matter. She contends that if the ... must take into account the factors s et forth in N.J.S.A. 2A:34-23(b) and case law. Steneken v. Steneken, 367 N.J ... written statement of reasons, professed to analyze the facts under N.J.S.A. 2A:34-23(j)(2) and (3) but did not do so. Instead, it drew upon the factors found in N.J.S.A. 2A:34-23(j)(1) to determine whether defendant's alimony obligation ...

docket:	a1432-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-13
status:	Unpublished
citation:
Document Size:	22065

55 DEBORAH CARR v. HARRY J. CARR -- rank: 680

... court looks to the Child Support factors set forth at N.J.S.A. 2A:34-23(a)." Considering the child's needs, the judge noted the ... 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 ... guidelines-based award." Ibid. The judge addressed the factors of N.J.S.A. 2A:34-23(a) and used her discretion to supplement the support award ... to make findings of fact to support the alimony award. N.J.S.A. 2A:34-23(b) authorizes a family court to "award one or more ... 13) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] Judges considering an alimony request must always keep in ... 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 ...

docket:	a5558-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-11
status:	unpublished
citation:
Document Size:	102831

56 M.S. v. M.A.S. -- rank: 680

... 83 N.J. 139 (1980)]), and other appropriate statutes (including [ N.J.S.A.] 2A:34-23), rules, and case law governing alimony. The parties understand that ... upon a showing of unusual circumstances as set forth in [ N.J.S.A.] 2A:34-23. Further, in paragraph twelve, both parties agreed that: The[y ... it conducted an analysis of the ten factors detailed in N.J.S.A. 2A:34- 23(k), and found factors four, seven, eight, and ten 'directly ... upon a showing of unusual circumstances as set forth in N.J.S.A. 2A:34-23(c).' We have interpreted the phrase 'unusual circumstances' in this ... award when ‘changed circumstances’ are asserted.”). Similarly, in N.J.S.A. 2A:34-23(k) and (l), the Legislature identified factors a court needs ... 100,000 to $73,500 per year. After considering the N.J.S.A. 2A:34-23(k) factors, the court modified the alimony obligation without ...

docket:	a3937-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-07
status:	Unpublished
citation:
Document Size:	41502

57 ROBERT MAHAR v. MARGARET GIG CLARK -- rank: 673

... as to some of the equitable distribution factors enumerated in N.J.S.A. 2A:34-23.1. She noted that the duration of the marriage was ... LAW AND ABUSED ITS DISCRETION IN MISAPPLYING THE FACTORS OF N.J.S.A. 2A:34- 23.1 WHEN DISTRIBUTING THE AVAILABLE RETIREMENT ASSETS TO THIS ELDERLY ... trial court misapplied the statutory equitable distribution factors enumerated in N.J.S.A. 2A:34-23.1. She alleges the court's 'mechanical' equal division of ... this analysis, the court must consider the factors enumerated in N.J.S.A. 2A:34-23.1. Sauro v. Sauro, 425 N.J. Super. 555, 576 (App. Div. 2012). N.J.S.A. 2A:34-23.1 provides: In making an equitable distribution of property, the ... 515 (1981). Under equitable distribution, the statutory factors enumerated in N.J.S.A. 2A:34-23.1, are to be 'used in concert with the ...

docket:	a2212-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-04
status:	Unpublished
citation:
Document Size:	75446

58 J.A v. A.T -- rank: 673

... BECAUSE PLAINTIFF-APPELLEE FAILED TO COMPLY WITH THE REQUIREMENTS OF N.J.S.A. 2A:34-23 AND THEREFORE THE AWARD OF COUNSEL FEES SHOULD BE REVERSED ... v. Berkowitz , 55 N.J. 564 , 570 (1970)); see also N.J.S.A. 2A:34-23 (authorizing award of attorney and expert fees). As a reviewing ... N.J 70 , 94-95 (2005) (discussing proper application of N.J.S.A. 2A:34-23, and the factors set forth in Rule 5:3-5 ...

docket:	a3003-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-11
status:	published
citation:	404 N.J.Super. 132 960 A.2d 795
Document Size:	70595

59 SUSAN WOOLLEY v. TIMOTHY DEEGAN -- rank: 673

... court was required to consider the factors set forth in N.J.S.A. 2A:34-23(a) in consideration of any discretionary award surpassing the maximum ... 326 N.J. Super. 442, 448 (App. Div. 1999) (quoting N.J.S.A. 2A:34- 23). Alimony and support orders are 'always subject to review and ... suppo rt is an analysis of the factors outlined in N.J.S.A. 2A:34-23. See Child Support Guidelines, Pressler & Verniero, Appendix IX-A to ... case, the court should consider the factors set forth in N.J.S.A. 2A:34-23 . . . when establishing the child support award.') (italics omitted). None of ... from the outstanding combined net income and the factors in N.J.S.A. 2A:34-23(a). Child Support Guidelines, Pressler & Verniero, Appendix IX-A to ... of the award 'must consider the factors set forth in N.J.S.A. 2A:34-23(a).' Caplan v. Caplan, 182 N.J. 250, 270 ( ...

docket:	a3115-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-26
status:	Unpublished
citation:
Document Size:	24246

60 T.J v. M.J -- rank: 670

... alimony is governed by factors defined by the Legislature in N.J.S.A. 2A:34-23(b). The Legislature has identified twelve factors that a court ... a]ny other factors which the court may deem relevant.' N.J.S.A. 2A:34-23(b). The Legislature has also required that the court make ... evidence' regarding the statutory factors relevant to an alimony award. N.J.S.A. 2A:34-23(c). A-4105-18T2 8 Plaintiff contends that the family ... identified and quoted verbatim the statutory factors set forth in N.J.S.A. 2A:34-23(b). The court then discussed each of those factors, although ... the parties' actual need and ability to pay alimony. See N.J.S.A. 2A:34-23(b)(1). In that regard, the court made findings that ... market. Accordingly, the court addressed the factors set forth in N.J.S.A. 2A:34-23(c)(2), (3), (5), and (6). The court also ...

docket:	a4105-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-02
status:	Unpublished
citation:
Document Size:	32142