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Friday, September 8, 2017
In a Decision – Frangipane v. Frangipane (an "Unreported Decision") >> the Court Held: The Appellate Division affirmed denial of appellant’s reconsideration which reduced her received alimony payments holding respondent-husband set forth a change in circumstances resulting from his retirement for health reasons and such change would be permanent. Defendant called him approximately 30 times in the following two weeks. She sent him 45 emails over a five day period that accused him of hacking and monitoring her electronic devices, complaining because he did not respond to her messages and admitting that she trespassed on his property. Plaintiff asserted that he was afraid. Read more . . .
Thursday, August 31, 2017
In a Decision – Dressner v. Dressner (an "Unreported Decision") >> the Court Held: The statute prohibits the retroactive modification of a child support obligation to a date prior to the mailing of the notice of motion for such modification. Further, retroactivity is left to the sound discretion of the trial judge. Following termination from his employment and efforts to obtain comparable employment, the Court terminated his alimony obligation as of the date of the order and modified the amount of child support in accordance with the child support guidelines. Even though the notice was mailed 19 months prior to the order, the family part court did not violate the statutory provisions by failing to order the obligation modified retroactively nor was there any abuse of discretion in such decision Read more . . .
Friday, August 4, 2017
In a Decision – Moodie v. Moodie (an "Unreported Decision") >> the Court Held: The Appellate Division determined that the termination of Alimony and Life Insurance was warranted when the Wife, pursuant to the Divorce Agreement, failed to make meaningful efforts to secure employment despite having a year in which to improve her income status despite sufficient education.. The proofs Wife submitted to show her good faith efforts to secure employment were not compliant with the Divorce Agreement or prior Court Order and were internally inconsistent. The Wife’s Master’s Degree, prior licensing and employment history supported the conclusion that appellant-wife had the potential and capacity to earn substantially more than she had been earning. Read more . . .
Tuesday, June 6, 2017
In a Decision – Abate v. Abate (an "Unreported Decision") >> the Court Held: The Appellate Division determined that the Father had not established the bases for the reduction in support. he court affirmed holding plaintiff-father’s unemployment may only be temporary and noted he was still receiving severance pay. As such, the family court properly found plaintiff-father “failed to demonstrate that his alleged change in circumstances was anything but temporary.” Further, denial was warranted as plaintiff-father failed to meet the requirements of Rule 5:5-4(a) which required a movant to submit both a current and a prior CIS. Read more . . .
Wednesday, March 22, 2017
In a Decision – Brandspiegel-Arbely v. Arbely, N.J. Super. App. Read more . . .
Tuesday, March 14, 2017
In a Decision – Awadallah v. Awadallah (an "Unreported Decision") >> the Court Held: The Appellate Division determined that no changed circumstances existed where 2 months after the Divorce, he changed careers, moving from a salary of $40,000 a year to a 100% commission-based job. The motion judge reasonably found that the circumstances surrounding defendant's decrease in income was voluntary, temporary and too recent to establish change of circumstances. Read more . . .
Tuesday, January 24, 2017
Sunday, January 1, 2017
In a Decision – Swift v Swift. (an "Unreported Decision") >> the Court Held: When a party refuses or repeatedly fails to appear at a scheduled ESP conference ,the court in its discretion may strike and dismiss the party’s pleadings. At the Early Settlement Panel conference, both the parties and their attorneys (if they are represented), generally have an opportunity to sit down and discuss the issues in their case with the assigned ESP panelist. Al discussions, negotiations, offers, and counter-offers are confidential, meaning that if the case does not settle, neither party is permitted to reveal to the court what the party offered, counter-offered, or otherwise discussed during the conference. Panelists render non-binding, confidential, professional recommendations on methods of potential resolution. Read more . . .
Saturday, December 31, 2016
In a Decision – Atwell v. Atwell. (an "Unreported Decision") >> the Court Held: The trial court awarded 5 years alimony in addition to the 4 years alimony paiud during the divorce proceedings on a marriage that was 6 years duration. It was contended that the total term of alimony impermissibly exceeded the length of the term of the marriage. The Appellate court found that extending limited duration alimony for five years from the date of the FJOD was improper. Read more . . .
Monday, December 26, 2016
In a Decision – Schmidt v. Schmidt - (an "Unreported Decision") >> the Court Held: The Court accepted that after a failed Reconciliation the matter may exist without the submission of a new Filing Fee. The court determined that an exceptional circumstance existed (the prior case was dismissed relatively recently and for the express reason as the parties’ voluntary attempt to save the marriage). The policy of encouraging mutual efforts at attempted reconciliation was important enough to reinstate the matter and defendant being provided additional time to answer the complaint. Read more . . .
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