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Archive for the ‘Modification of Alimony’ Category

*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm

*All Posts,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances

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December 21, 2011 at 5:43 pm

*All Posts,Alimony,Divorce,Modification of Alimony

Where the payor spouse has substantial reasons for retiring and the effect on the payee spouse is minimal (due, for example, to other available income, qualifying for social security, or new employment) the balance will be struck in favor of the payor

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December 21, 2011 at 5:40 pm

*All Posts,Alimony,Divorce,Modification of Alimony

The goal of alimony

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December 19, 2011 at 8:44 pm

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Trial courts retain jurisdiction to modify marital agreements on a showing of changed circumstances notwithstanding the existence of a PSA

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November 29, 2011 at 11:37 am

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

When no finding was necessary at the time of the parties’ divorce by virtue of their settlement, their standard of living remains the touchstone for subsequent motions for modification of the alimony award based upon a claim of changed circumstances

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November 13, 2011 at 12:07 pm

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

Absent unconscionability, fraud, or overreaching in the negotiations of the settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement

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November 13, 2011 at 11:51 am

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

The party challenging the validity and enforceability of a PSA must show that its terms, in light of changed circumstances, are unfair and unjust

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November 10, 2011 at 7:14 pm

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

Anti-Lepis clause

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November 10, 2011 at 7:08 pm

*All Posts,Divorce,Modification of Alimony

Whether circumstances have really changed so as to warrant modification of alimony requires a court to study the parties’ financial condition at the time of the divorce, as well as at the time of the application

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November 10, 2011 at 7:07 pm