Order Denying Defendant’s Request to Terminate His Alimony Obligation

December 31, 2020

Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7…

Modifying Child Support and Alimony on Changed Circumstances After Plaintiff’s Business Was Investigated for Fraud

December 23, 2020

T.S. v. P.T. Docket No. A-0679-18T2 Decided December 22, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order modifying child support and alimony on changed circumstances after plaintiff’s business was investigated for fraud and lost a contract. In T.S., after 14 years of…

Carfagno Factors and Dissolving A Restraining Order

December 9, 2020

A.J.C. v. G.A.C. Docket No. A-5236-18T1 Decided December 8, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division dissolved a Final Restraining Order (FRO) after the plaintiff engaged in sexual relations numerous times with the defendant during the period the FRO was in effect. In A.J.C., on…

Decrease in Alimony and A Credit to Overpaid Child Support as A Result of a Disability and Change of Circumstances

December 8, 2020

Stewart v. Alicea Docket No. A-5135-17T2; A-1048-19T1 Decided December 7, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony and a credit to overpaid child support as a result of a Social Security decision of…

Predicate Acts of Domestic Violence Involving Physical Force Will Almost Always Lead to an Issuance of an FRO

December 2, 2020

K.B. v. A.R. Docket No. A-0493-19T1 Decided November 30, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reversed a trial court’s denial of a Temporary Restraining Order (TRO), as a predicate act that involves violence is almost certain grounds to grant a Final Restraining…

Decrease in Alimony Granted as a Result of a Loss of Employment.

November 18, 2020

P.J.W. v. E.B.W. Docket No. A-5308-18T3 Decided November 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order granting a decrease in alimony as a result of a loss of employment. In P.J.W., the parties divorced after 20 years of marriage. …

Why College Contribution and Agreement Language Must be Clearly Specified in a Property Settlement Agreement (PSA)

October 14, 2020

Dalena v. Dalena Docket No. A-0412-18T3 Decided October 13, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order for college contribution from the children’s father, Daniel, despite a strict interpretation of the parties Property Settlement Agreement (PSA) providing otherwise. In…

Award of Sole Custody, Equitable Distribution, Debt Allocation, Child Support, and Counsel Fee Award From a Default Hearing

October 10, 2020

K.M.L. v. R.J.L. Docket No. A-4423-18T3 Decided October 8, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s award of sole custody, equitable distribution, debt allocation, child support, and counsel fee award from a default hearing against the defendant. In K.M.L., plaintiff…

Matrimonial Settlement Agreements Must Be Clear, In Writing, and Preferably Filed with the Court

September 29, 2020

Figueroa v. Figueroa Docket No. A-0043-19T2 Decided September 28, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to modify the parties’ Matrimonial Settlement Agreement (MSA) because defendant did not read it before signing and failed to demonstrate…

Alimony and Child Support Modifications Must Be Put into Writing and Filed with the Court

September 16, 2020

Certo v. Certo Docket No. A-2004-18T2 Decided September 11, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s ruling denying an application to extend limited duration alimony despite plaintiff undergoing health issues and being denied Social Security disability (SSD), and a…