Blog Archives

If child support and alimony are being determined simultaneously, the court should set the alimony first and include that amount in the recipient’s gross income before applying the child support guidelines

Posted in *All Posts, Alimony, Child-support, Divorce

Where parties agree that cohabitation alone will trigger a suspension of alimony, the court need not delve into the economic benefits received by the supported spouse

Posted in *All Posts, Alimony, Cohabitation, Divorce

Generally, a family court’s post-judgment modification of a support decree is a final judgment for purposes of appeal

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

A court order which limits the amount of contact and exposure which a divorcing parent may permit a child to have with the parent’s new girlfriend or boyfriend

Posted in *All Posts, Child-custody, Child-visitation, Cohabitation, Coparenting, Divorce, Property-settlement-agreement, Settlement agreement

Support orders, including those addressing the care, custody, education and maintenance of the children define only the present obligations of the former spouses; those duties are always subject to review and modification on a showing of changed circumstances

Posted in *All Posts, Alimony, Child-custody, Child-support-modification, Divorce, Modification of Alimony, Property-settlement-agreement, Settlement agreement

Parties may include an “anti-Lepis” provision in their settlement agreement in an attempt to bar future modifications of their arrangement

Posted in *All Posts, Alimony, Divorce, Modification of Alimony, Property-settlement-agreement, Settlement agreement

Alimony – all thirteen factors must be considered and given due weight, and the duration of marriage is only one factor to be considered

Posted in *All Posts, *Published case, Alimony, Divorce, Limited duration alimony, Rehabilitative-alimony

Alimony is awarded to give a financially dependent spouse a level of support and standard of living generally commensurate with the quality of economic life that existed during the marriage

Posted in *All Posts, Alimony, Divorce

A finding that the parties intended their matrimonial settlement agreement not be subject to modification for changed circumstances does not end the inquiry; a judge has both the power and duty to establish a reasonable level of current payment based upon defendant’s income, assets, and reasonable resort to credit

Posted in *All Posts, Alimony, Divorce, Modification of Alimony, Property-settlement-agreement, Settlement agreement

It is strictly a discretionary matter for the court to determine and delineate the extent of defendant’s participation in the default proceeding

Posted in *All Posts, Alimony, Default Judgment, Divorce, Equitable-distribution, Litigation

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