Last month, Hollywood’s top couple shocked the world when it announced the end of their 12-year relationship. The breakup of Brad Pitt and Angelina Jolie has even saddened the Dalai Lama, according to US...
Author: SdDMW
This November, Partner Paul M. da Costa will share a bit of his medical malpractice trial expertise with the New Jersey legal community. Paul will be participating in the annual Meadowlands Seminar presented by the New...
Last month, a Nassau County judge found Maureen McPhilmy, Bill O’Reilly’s ex-wife, in civil contempt of court for failing to abide by a court order giving the Fox News host time with his daughter. According...
Adhesion Contracts
Sep 29, 2016
In Corman v. Corman, the husband and wife married in 1994, had two children together, and divorced on July 2, 2013 after an uncontested hearing. About a year later, the wife moved to set aside parts of the marital...
College Costs
Sep 27, 2016
In Polcari v. Polcari, the husband and wife married in 1993, and had 3 children: a son in October 1995; a second son in August 1997; and a daughter in May 2000. The husband and wife divorced in June 2010, and a...
Cannot Modify or Terminate Alimony Based on “Prospective Retirement” 5 Years in Advance
Sep 26, 2016
In Mueller v. Mueller, a Family Part judge interpreted the term “prospective retirement” as it is used in the recently amended New Jersey alimony statute. That law provides that a supporting spouse may seek to...
In Mayer v. Mayer, the husband and wife married in 1986 and had two children together: a son born in June 1994 and a daughter born in April 1996. The wife filed for divorce in 2006. In 2006, the wife also...
Retroactive Termination For Child Support
Sep 20, 2016
N.J.S.A. 2A:17-56.23a provides that “[n]o payment or installment of an order for child support . . . shall be retroactively modified by the court except with respect to the period during which there is a pending application...
Rule 1:10-3 gives a court discretion to impose sanctions on a party who refuses to comply with a prior court order. Moreover, Rule 5:3-7 authorizes economic sanctions for violating custody, parenting...
Four Sarno da Costa D’Aniello Maceri Attorneys Included in The Best Lawyers in America© 2017!
Sep 16, 2016
Sarno da Costa D’Aniello Maceri Webb LLC is pleased to announce that 4 of our very own attorneys have been included in the 2017 edition of The Best Lawyers in America©, the oldest and most esteemed peer-review publication...
Couple Purchased Husband’s Mother’s House for $1, But Wife Still Gets Equitable Distribution
Sep 10, 2016
In the midst of a 33-year marriage, the couple in the case DeLong v. DeLong sold their marital home after the husband’s mother conveyed her house to them for a dollar. They paid his mother $500 a month as...
On August 29, 2016, the New Jersey Law Journal published its annual “Top 20 Personal Injury Awards of the Year” special section, which identifies the largest reported personal injury awards for the year. Partner Paul M....
Court Will Not Modify Alimony or Child Suport Unless There is a Permanent Change in Circumstances
Aug 29, 2016
New Jersey courts will not modify an alimony or child support award unless a permanent change in circumstances has occurred. But there is no brightline rule for deciding when a changed circumstance has gone on long...
Fraudulent PSA
Aug 26, 2016
A spouse may be relieved from the terms of a property settlement agreement (PSA) if exceptional or compelling circumstances exist that indicate that enforcing the agreement “would be unjust, oppressive or...
A person who seeks a final restraining order (FRO) under the Prevention of Domestic Violence Act (PDVA) must show by a preponderance of the evidence that the alleged abuser committed an act of domestic violence and that a FRO...
New Jersey courts may adjust alimony and child support upon a showing of changed circumstances. An increase in the cost of living, an increase or decrease in the supporting spouse’s income, and changes in the...
To modify a custody arrangement contained in a divorce agreement, the parent moving for the change must first establish that there has been a change of circumstances. Then, the parent must show that the proposed change...
Rehabilitative alimony and limited duration alimony are not the same. Rehabilitative alimony is a short-term award that is designed to financially support the dependent spouse while he or she receives training or...
Under New Jersey case law, the Family Part has discretion to decide whether the facts of a given case require income to be imputed to either spouse in calculating appropriate alimony payments. For example, income might...
As we have previously blogged about Maeker v. Ross, effective January 18, 2010, the New Jersey Statute of Frauds was amended to include palimony agreements among those promises that are binding only if they are in...