NJ Family Issues

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Archive for May, 2010

When the movant is seeking modification of an alimony award, that party must demonstrate that changed circumstances have substantially impaired the ability to support himself or herself

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May 27, 2010 at 3:29 pm

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It is proper for the court to find no basis to impute additional income to defendant over and above her Social Security Disability benefit, if plaintiff presented no evidence rebutting the defendant’s prima facie showing of her inability to work

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May 26, 2010 at 12:54 pm

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The award of spousal support is broadly discretionary

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May 26, 2010 at 12:50 pm

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In determining whether and to what extent a modification of a PSA is appropriate, the trial court may consider whether any of the equitable distribution was intended to provide for future needs

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May 26, 2010 at 12:46 pm

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Rule 1:4-8 provides in pertinent part that an attorney who signs or files a pleading certifies that to the best of his or her knowledge it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation and the factual allegations have evidentiary support

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May 25, 2010 at 12:16 pm

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It is improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint

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May 25, 2010 at 11:25 am

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When the judge is the trier of the facts he must not permit his own personal knowledge to influence his decision in the case

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May 25, 2010 at 11:22 am

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An apportionment claim is not ripe until the estate taxes are quantified

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May 25, 2010 at 11:15 am

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The application of laches to matters of child support and custody has been carefully circumscribed

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May 25, 2010 at 11:10 am

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Veterans disability pension and Social Security benefits should be considered in determining income for the purposes of calculating alimony and child support

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May 25, 2010 at 11:06 am

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