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...
Endocarditis
Aug 25, 2016
Between December 2012 and August 2014, at least 15 patients of John Vecchione, D.D.S., a Morris County dentist, developed enterococcal endocarditis after undergoing oral surgery involving IV...
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...
In Eustaquio v. Zong, the Appellate Division affirmed the Family Part judge’s denial of the mother’s requests for reconsideration on several issues, which included changing the child’s last name to her last name....
A new study by the Lawrence Berkeley National Laboratory reveals that vapor from e-cigarettes contains 31 different chemicals, many of which are possible or probable carcinogens. Scientists found...
In Knox v. Knox, the Appellate Division affirmed three different Family Part orders: (1) a June 30, 2014, order reducing the husband’s alimony obligation by $300 per month for 3 years while the wife cohabited; (2) an...
Under Rule 4:50-1, the court may relieve a party from a final judgment for reasons that include mistake, inadvertence, surprise, excusable neglect, fraud, and misrepresentation. Rule 4:50-2 further provides that a...
Cost-of-Living Adjustment
Jul 15, 2016
New Jersey Court Rule 5:6B provides for a general cost-of-living adjustment for child support obligations every other year. The adjustment is based on the average change in the Consumer Price Index for the...
In Quainoo v. Antwi, the Appellate Division affirmed a family judge’s decision not to enforce a 2011 order that mandated that the father to pick up the former couples’ three minor children from school. At the...
The Prevention of Domestic Violence Act (PDVA) provides that a final restraining order (FRO) may be dissolved or modified upon a showing of good cause. Keeping in mind the ultimate goal of protecting the victim, courts...
Termination of Permanent Alimony
Jul 06, 2016
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...
The Law Against Discrimination (LAD) prohibits employers from implementing employment conditions that have no connection with an employee’s job responsibilities. Under the LAD, it is unlawful for an employer “to...
Under the Prevention of Domestic Violence Act (PDVA), a victim seeking a Final Restraining Order (FRO) must show by a preponderance of the credible evidence that: (1) the defendant committed one of the predicate acts set...
