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Archive for the ‘Divorce’ Category

*All Posts,Alimony,Divorce

The use of averaging to fix a party’s income for support calculation purposes is commonly accepted and used when substantial variations in income occur year to year

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April 13, 2012 at 10:41 am

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

Despite the presence of a PSA, a court is authorized to reexamine existing support orders if the movant can establish that there has been a substantial change of circumstances

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April 13, 2012 at 10:30 am

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*All Posts,Counsel Fees,Divorce

In awarding counsel fees, the court must consider whether the party requesting the fees is in financial need; whether the party against whom the fees are sought has the ability to pay; the good or bad faith of either party in pursuing or defending the action; the nature and extent of the services rendered; and the reasonableness of the fees

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April 8, 2012 at 11:55 am

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

Anti-Lepis provisions, which purport to waive the right to future modification, are enforceable in certain limited circumstances

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April 8, 2012 at 11:43 am

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

A prima facie showing of changed circumstances must be made before a court will order discovery of an ex-spouse’s financial status

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April 2, 2012 at 2:45 pm

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*All Posts,Alternative Dispute Resolution,Divorce

NOTICE: New Blog Posts dealing with Collaborative Divorce are being posted in my NJ Collaborative Divorce blog

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March 31, 2012 at 10:39 am

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*All Posts,Child-support-modification,Modification of Alimony

Both parties are required to provide updated financial disclosure statements prior to any modification of support

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March 27, 2012 at 6:53 pm

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*All Posts,Alimony,Divorce

The court must make specific findings on the evidence regarding the factors relevant to an award of alimony

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March 27, 2012 at 6:52 pm

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

When imputing income, trial courts first consider the parent’s potential employment and earning capacity using the parent’s work history, occupational qualifications, educational background, and prevailing job opportunities in the region

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March 27, 2012 at 1:13 pm

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*All Posts,Divorce,Modification of Alimony

After the termination of the marriage, a dependent spouse is not entitled to the good fortune or economic fruits of increased income or assets of the ex-spouse

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March 27, 2012 at 1:03 pm

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