Blog Archives

A motion to dismiss a Family Part complaint on the ground that it fails to state a claim upon which relief can be granted

Posted in *All Posts, *Published case, Child-custody, Child-support, Child-visitation, Dismiss For Failure To State A Claim, Divorce, Grandparent Visitation

Alimony is not intended to be a punishment or a reward

Posted in *All Posts, Alimony, Divorce

Subject matter jurisdiction over a marriage

Posted in *All Posts, Divorce, Lack of subject matter jurisdiction

The award of counsel fees in a family action

Posted in *All Posts, Counsel Fees, Divorce

Before imputing income, a judge must first find that the spouse was voluntarily underemployed or unemployed without just cause

Posted in *All Posts, Alimony, Child-support, Divorce, Imputed-income, Income Imputation

Alimony relates to support and standard of living; it involves the quality of economic life to which one spouse is entitled, which then becomes the obligation of the other

Posted in *All Posts, Alimony, Divorce

Imputation of income is a discretionary matter not capable of precise or exact determination, but rather requires a trial judge to realistically appraise capacity to earn and job availability

Posted in *All Posts, Alimony, Child-support, Divorce, Imputed-income, Income Imputation

When a party in possession of the former marital home fails to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, in violation of court order, the court may grant equitable relief

Posted in *All Posts, Divorce, Equitable-distribution, Property-settlement-agreement, Settlement agreement

There is a rebuttable presumption alimony shall be terminated upon the obligor spouse or partner attaining full retirement age

Posted in *All Posts, Alimony, Divorce, Modification of Alimony

Support arrearages may not be vacated; however, the court must fix an arrearage payment that comports with defendant’s ability to pay

Posted in *All Posts, Alimony, Child-support, Child-support-modification, Divorce, Modification of Alimony

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