Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

January 20, 2022

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

Not Adjusting Income Calculation to Take into Account Commuting Expenses and Alimnoy

December 3, 2021

Smith v. Smith Docket No. A-4226-18 Decided November 29, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed a trial court’s second amended final judgment of divorce on the issue of alimony for not adjusting income calculation to take into account commuting expenses. In Smith, the parties…

The Six Factors Required to Show Cohabitation for Purposes of Alimony Modification

July 6, 2021

Temple v. Temple Docket No. A-0293-20 Decided June 17, 2021 Approved for publication June 30, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of…

Trial Courts Have Discretion for Final Determinations and Adjournment Requests

April 22, 2021

Furdyna v. MacFarland Docket No. A-3658-18 Decided April 21, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s decision to deny defendant’s request to a adjourn a trial, resulting in a Dual Final Judgment of Divorce (FJOD) requiring plaintiff to pay defendant $250 per…

Whether the Termination of Alimony Payments Is Appropriate or Not

March 23, 2021

Submitted by New Jersey Family Lawyer, Jeffrey Hark. In January 2013, the parties divorced after fourteen years of marriage. They had two children together. The trial court entered a final judgment of divorce in June 2014, and pursuant to the final judgment, defendant pays plaintiff $2,500 per month in alimony. Defendant filed an initial motion to…

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…

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. …

Lost your job to COVID 19? You might have relief from Alimony.

September 9, 2020

Submitted by New Jersey Family Law Firm, Hark and Hark. COVID 19 has caused governments nationwide to shut down various sectors of the economy.  In addition, the shutdowns, sickness, death and fear from coronavirus has caused even more businesses to shutdown or reduce their workforce.  Many people, especially in New Jersey, have lost their jobs…

Motion to End College Contribution Requirement for Failure to Supply Financial Documentation

August 6, 2020

Coney v. Banks Docket No. A-1561-18T3 Decided August 4, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…

College Contribution Requirement in Divorce and Failure to Supply Financial Documentation

July 22, 2020

Royster v. Royster Docket No. A-2715-18T3 Decided July 20, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…