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Recent Blog Posts

Word ALIMONY composed of wooden letters.

New Jersey Court Examines Potential Grounds for Recalculation of Alimony

By John B. D'Alessandro |

In a newly-released Appellate Division opinion, the court returned a case to a Family Part judge for reconsideration of an alimony dispute. The court’s decision centered on the types of changed circumstances that could lead to a recalculation of alimony, namely whether a reduction in the payor’s income was the only path to an… Read More »

Couple's Hand On Divorce Agreement

How New Jersey Courts Enforce Divorce Settlement Agreements

By John B. D'Alessandro |

Finalizing a marital settlement may not be the last hurdle a divorced couple faces.  Either party may find reason to object to the terms of the settlement down the line, such as if new financial evidence comes to light or if one party’s financial circumstances change dramatically.  A recent appellate case sheds light on… Read More »

little boy praying with hands clasped

Non-Custodial Parent Can’t Be Compelled to Take Daughters to Other Parent’s Chosen Church

By John B. D'Alessandro |

New Jersey case law permits parents to agree in a property settlement agreement (PSA) on the type of religious education their children will receive post-divorce. However, there are limits on the degree to which these agreements can impact the rights of the alternate parent to expose their child to alternative religious traditions. A recent… Read More »

lawyer working on laptop

Lawyer Representing Himself in Divorce Claims Ineffective Assistance of Counsel

By John B. D'Alessandro |

There’s an old saying in the legal community that a lawyer representing himself in court has a fool for a client. In one recent case before the New Jersey Appellate Division, a lawyer who worked in criminal defense and chose to represent himself in a divorce claimed that the couple’s settlement agreement should be… Read More »

parents support teenage child on bench in park

Child Support After Age Twenty-Three In New Jersey

By John B. D'Alessandro |

New Jersey, like other states, generally limits child support obligations to children under a certain age.  Child support is required at a minimum until the child reaches age 18, and typically continues automatically until age 19, unless the child is emancipated.  New Jersey is also one of only a few states that requires parents… Read More »

prenup agreement with pen and gavel on table

What Should I Know About New Jersey Prenups?

By John B. D'Alessandro |

More and more young couples are signing prenuptial agreements every year in New Jersey.  Even couples that are confident about their relationship are realizing that prenuptial, or premarital, agreements are a positive step to take in planning for unexpected events to ensure financial security and minimize conflicts should the relationship deteriorate.  Continue reading for… Read More »

Child hugging her dad

What Happens When There Are Multiple Child Support Orders From Different States?

By John B. D'Alessandro |

After the upheaval surrounding a divorce, one parent may decide to move to another state within the country.  As legal battles surrounding the divorce continue even after the move, multiple state courts may become involved, creating conflicts and complications.  A New Jersey appellate court recently addressed an interesting question:  If courts in multiple states… Read More »

Front of envelope reads stalking on top of wood floor

“Domestic Contretemps” is Not Domestic Violence in New Jersey, but Threats and Harassment are

By John B. D'Alessandro |

A New Jersey appellate court recently addressed the circumstances under which a person can seek a final restraining order against a domestic partner based on harassing, but nonviolent, conduct.  While the opinion is not binding on other courts, it provides an illustration as to how courts will evaluate applications for a restraining order between… Read More »

Picture of child asking mother for money

New Jersey Court Orders Retroactive Increase in Child Support for Family with College-Aged Children

By John B. D'Alessandro |

The New Jersey Appellate Division recently issued a ruling granting a mother’s request for an increase in child support payments. The father’s arguments to the court against the increase were harmed, in part, by his lack of transparency about his income and refusal to comply with court requests. You can learn more about what… Read More »

Broken egg with 'pension' to alimony waiver override

In Divorce Modification Case Courts to Override Alimony Waiver in Special Circumstances

By John B. D'Alessandro |

In a recent published opinion—one that can be cited and relied upon as law in future cases—the New Jersey Appellate Division ruled that, when a pension that was to be shared by both spouses is depleted, courts are permitted to find a change in circumstances that could result in the imposition of alimony, even… Read More »

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