Appellate Division addressed standard for addressing the issue of modifying alimony based upon retirement in pre-2014 divorces – highlighting again the issue of whether the recipient did or could have saved for retirement
Continue Reading Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for Retirement
It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders
Continue Reading Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody
Parties can waive the change of circumstances requirement for custody and parenting time modification
Continue Reading Yes, Parties Can Agree to Waive the Change of Circumstances Standard
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.
Continue Reading I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances
Black letter law is that to change a child support Order, the person seeking a modification must show a substantial and continuing change of circumstances. But what is the standard
Continue Reading If No Child Support Order Exists, You Don’t Need to Show a Change of Circumstances to Establish Child Support
Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of
Continue Reading So Alimony Formulas are Sometimes OK?
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at
Continue Reading Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps
Continue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
It’s 2023. Oversharing on social media is the norm for so many. And interestingly, social media use upticks as spouses are contemplating divorce.
A 2014 study published in the journal
Continue Reading Beware Of These Social Media Blunders If You’re Going Through a Divorce
Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date
Continue Reading Delay, Waiver & Law of the Case Doctrine