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Settlement agreements in matrimonial cases are contracts that should be enforced as long as they are fair and just
19 Oct 2011, 8:13 am by PaulKostro
Petersen, 85 N.J. 638, 642 (1981); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be considered on a motion for modification of alimony include the dependant spouse’s needs, that spouse’s ability to contribute to the fulfillment of those needs, and the supporting spouse’s ability to maintain the dependant spouse at the forme
20 Jul 2010, 8:01 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court accords particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements
30 Jan 2012, 12:05 pm by PaulKostro
Petersen, 85 N.J. 638, 642 (1981)); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of a support obligation is not warranted if the change in circumstances is only temporary or is expected but has not yet occurred
4 Mar 2010, 10:20 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
THE APPELLATE DIVISION RULES ON A PRE-ACT PRENUPTUAL AGREEMENT
15 Dec 2008, 11:22 am
Lepis, 83 N.J. 139 (1980). [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
MODIFYING SUPPORT - PROVING CHANGED CIRCUMSTANCES
18 Apr 2011, 5:42 pm by Sandra C. Fava
Romito's request for a hearing under Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
Petersen, 85 N.J. 638, 642 (1981)); see also Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether circumstances have really changed so as to warrant modification of alimony requires a court to study the parties’ financial condition at the time of the divorce, as well as at the time of the application
10 Nov 2011, 3:07 pm by PaulKostro
’” Lepis, supra, 83 N.J. at 157 (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the movant is seeking modification of child support, the guiding principle is the best interests of the children
19 Dec 2011, 4:46 pm by PaulKostro
Div. 2006) (quoting Lepis, supra, 83 N.J. at 157). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appellate Division Enforces Pre-2014 Settlement Agreement And Rejects a Termination of Alimony Based on Underemployment
8 Apr 2020, 12:44 pm by Matheu Nunn
As part of their settlement agreement they agree that Husband will pay Wife alimony subject to an anti-Lepis provision (based on Lepis v. [read post]
Family Law Blog - https://www.einhornharris.com/category/blog/family-law/
When Your Child Custody Arrangements Change, Child Support Obligations May Change As Well
3 Nov 2014, 6:48 pm by Goldstein, Bachman & Newman, LLP
According to a ruling in a New Jersey case called Lepis v. [read post]
New Jersey Divorce Lawyers Blog - http://www.newjerseydivorcelawyers-blog.com/
Appellate Division Enforces Pre-2014 Settlement Agreement And Rejects a Termination of Alimony Based on Underemployment
8 Apr 2020, 12:44 pm by Matheu Nunn
As part of their settlement agreement they agree that Husband will pay Wife alimony subject to an anti-Lepis provision (based on Lepis v. [read post]
Appellate Watch Blog - https://www.einhornharris.com/category/blog/appellate-watch/
When seeking to modify an alimony obligation, the party must demonstrate that changed circumstances have substantially impaired his or her ability to support himself or herself
15 May 2012, 8:24 am by PaulKostro
’” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In contrast with alimony or support awards, a property agreement cannot be adjusted after divorce to reflect unanticipated changes in the parties’ circumstances
28 Apr 2010, 5:26 pm by PaulKostro
Lepis, 83 N.J. 139, 153 (1980); Berkowitz v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
UPPER MONTCLAIR NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION CHILD SUPPORT
19 Sep 2007, 8:37 am
     DiPalma v. [read post]
New Jersey Family Law - http://njdivorceblog.typepad.com/new_jersey_divorce_law_me/
New Jersey Appellate Division Rules: COVID is Not a Permanent Change of Circumstances to Modify Support
25 Jan 2022, 10:38 am by Jessica C. Diamond
We have blogged many times before about what it takes to obtain a modification of child support and/or alimony, but as a quick refresher, the seminal case on this issue is Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
In an application brought by a supporting spouse for a downward modification in alimony, a focal issue is the supporting spouse's ability to pay
9 Nov 2009, 6:45 am
Lepis, 83 N.J. 139, 151 (1980); Martindell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations
21 Apr 2010, 9:25 am by PaulKostro
Super. 350, 354 (citing Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The obligor is entitled to periodic review of his child support obligation; that entitlement, however, does not relieve defendant of the obligation to prove changed circumstance when seeking a downward modification in the course of such a review
11 Aug 2009, 10:00 am
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Regardless of likely duration, a change in actual income, without more, is not determinative because ability to pay support is a function of the party’s assets and the income that he or she could derive from personal attention to business
16 Oct 2009, 4:40 am
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues