News

Following a divorce proceeding, the husband filed a Chapter 13 bankruptcy petition and asked for confirmation of his plan.  The Bankruptcy Court said its decision depended on the value of the husband’s minority share...

The new alimony statute was enforced in 2014, specifically section (n) regarding cohabitation.  It briefly states, “Alimony may be suspended or terminated if the payee cohabits with another person.” When assessing...

Alimony is an “economic right that arises out of the marital relationship and provides the dependent spouse with a level of support and standard of living generally commensurate with the quality of economic life that...

Partner Paul M. da Costa was recently selected to the New Jersey Law Journal’s 2016 New Leaders of the Bar. This prestigious honor reflects Paul’s legal accomplishments in the field of medical malpractice and...

Sarno da Costa D’Aniello Maceri Webb LLC wins another Appellate Division decision. Last month, the Appellate Division affirmed the trial court award of over 1.3 million to Plaintiff for palimony, enforcement of the...

Relocation can be defined as a family, or someone, moving to a different place to live.  When discussing relocation in divorce cases, it’s a difficult situation to handle.  Two reasons for relocating could be new...

The new alimony statute regarding retirement states: “There shall be a rebuttable presumption that alimony shall terminate upon the obligor spouse or partner attaining full retirement age.”  However,...

According to Time Magazine, marriage may impact the health of each spouse, negatively and/or positively.  Married people are healthier and tend to live longer than single people.  The reason for this is because...

On January 19, 2016, Governor Christie signed S-1046/A-2721 into law. The effective date of the new law is February 1, 2017, and it applies to all NJ child support orders (i.e., child support orders issued prior to, on, or...

Emancipation of a child terminates a parent’s child support obligation for that child. An emancipated child is one who has obtained an independent status of his or her own and has moved beyond the scope of the...

Domestic Violence is a serious issue that is prevalent in today’s society.  Harassment is a type of domestic violence.  Harassment is defined to include when a person, acting with the purpose to harass another,...

Alimony and child support duties can always be subject to review and modification if the spouse seeking the modification can show changed circumstances.  The party seeking a decrease of his or her obligations must...

In McDonough v. Rosario, a couple divorced in 2005 after a 13 year marriage.  They had two children, both of whom lived with the mother at the time.  When the mother remarried, the youngest child moved in with...

A trial court found that a mother had abused or neglected her four children.    N.J.S.A. 9:6-8.21(c) defines an “abused or neglected child” as one who is below the age of 18 whose physical, mental and...

Parties who enter into an agreement regarding alimony or child support may seek judicial review or modification of such based upon a showing of “changed circumstances.”  The party seeking to reduce an alimony or...

A woman filed for divorce in New Jersey in July of 2012.  The trial court dismissed her complaint because she was not a bona fide residence of New Jersey for one year before she filed her complaint and alternatively...

In 2014, the Legislature extensively revised the alimony statute, N.J.S.A. 2A:3-23.  In pertinent part, the law now provides that “[a]limony may be suspended or terminated if the payee cohabits with another...

According to the Grandparent Visitation Statute, N.J.S.A. 9:2-7.1, a grandparent or sibling of a child may file an application to obtain visitation with the child and it is their burden to prove by a preponderance of the...

An estranged parent is not necessarily exempt from contributing towards the costs of his or her child’s college education.  In Laurel v. Dixon, the recently-estranged father of a 21-year-old college student wished...

Three kids and thirteen years later, a couple who got married in 1991 separated in 2004.  However, the wife did not file her complaint for divorce until 2012, and the Manahan v. Manahan divorce was finalized in...