Blog Archives

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

The marital standar

Posted in *All Posts, Alimony, Divorce

In general, an obligor’s income both before and after the filing of the divorce complaint is relevant to the determination of alimony

Posted in *All Posts, Alimony, Divorce

In determining alimony, a court is obligated to consider the tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment

Posted in *All Posts, Alimony, Divorce

A trial court’s decision in allocating tax exemptions, subject to the acceptance by the Internal Revenue Service, is discretionary

Posted in *All Posts, Child-support, Divorce, Income Taxes

Pension benefits derived from the joint efforts of the parties are subject to equitable distribution

Posted in *All Posts, Divorce, Equitable-distribution

Alimony is an economic right that arises out of the marital relationship

Posted in *All Posts, Alimony, Divorce

Work, even if not lucrative, should enhance employability

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

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