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Archive for the ‘equitable-distribution’ Category

*All Posts, Estate Planning Issues, Financial Planning, QDRO, child-support, equitable-distribution

Pension and social security benefits, as well as child support, should be immune from garnishment and levy

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February 25, 2010 at 7:35 pm

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*All Posts, equitable-distribution

An equitable distribution judgment obtained by fraudulent conduct must be reopened to avoid injustice and inequity

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February 24, 2010 at 4:36 pm

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*All Posts, QDRO, divorce, equitable-distribution

Qualified plans, like 401(k)s and traditional pensions, fall under federal regulations and can be divided between spouses by means of a QDRO

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February 23, 2010 at 3:36 pm

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*All Posts, QDRO, equitable-distribution

Information about QDROs

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February 16, 2010 at 6:31 pm

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*All Posts, alimony, divorce, equitable-distribution, litigation

A judge has broad discretion in setting alimony and equitable distribution

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February 2, 2010 at 12:40 pm

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*All Posts, divorce, equitable-distribution

A party who filed a CIS with a misrepresentation of fact may well have committed a fraud upon the court

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January 20, 2010 at 1:11 pm

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*All Posts, Dissipation of marital assets, divorce, equitable-distribution

Proof of an interspousal gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and irrevocable relinquishment of ownership

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January 19, 2010 at 1:17 pm

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*All Posts, Asset Valuation, equitable-distribution

Where an asset decreases in value due to the failure of one of the parties to proceed in accordance with an agreement, the trial court has the discretion to decide on the manner to ameliorate the harm

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January 14, 2010 at 12:45 pm

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*All Posts, Death, divorce, equitable-distribution | Tags: ,

A trial court may not refuse to consider the equitable claims raised by the estate of a deceased spouse who, during the divorce litigation, was attempting to pursue a claim that the surviving spouse had diverted marital assets

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January 6, 2010 at 3:01 pm

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*All Posts, equitable-distribution

In deciding how the marital estate should be equitably distributed, both the liabilities and assets must be taken into account

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December 9, 2009 at 12:43 pm

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