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When the movant is seeking modification of an alimony award, that party must demonstrate that changed circumstances have substantially impaired the ability to support himself or herself
27 May 2010, 12:29 pm by PaulKostro
” Lepis, supra, 83 N.J. at 157; see also Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether and to what extent a modification of a PSA is appropriate, the trial court may consider whether any of the equitable distribution was intended to provide for future needs
26 May 2010, 9:46 am by PaulKostro
[Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Veterans disability pension and Social Security benefits should be considered in determining income for the purposes of calculating alimony and child support
25 May 2010, 8:06 am by PaulKostro
’” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is appropriate for the trial judge to evaluate a claimed change in circumstances from the time the support obligation was last modified
24 May 2010, 7:49 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A DECISION TO NOT REQUIRE CHILD SUPPORT IS NOT BINDING ON FUTURE COURT TO HEAR MATTER - CHILD SUPPORT CANNOT BE WAIVED
23 May 2010, 6:55 pm by Eric S. Solotoff
  In fact, it is not unusual in modification motion for the responding party not to file a CIS because under the famous NJ case on modification, Lepis v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/
Children are entitled to be supported at least according to the standard of living to which they had grown accustomed prior to the separation of their parents
21 May 2010, 3:24 pm by PaulKostro
” N.J.S.A. 2A:34-23; see also Lepis, supra, 83 N.J. at 146. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability
14 May 2010, 10:04 am by PaulKostro
[(citing Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An alimony order is subject to review and modification upon a showing of changed circumstances
13 May 2010, 1:22 pm by PaulKostro
N.J.S.A. 2A:34-23; Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is impermissible for the court to assume in advance, and in the absence of a factual context, that cohabitation would eliminate the former spouse’s need
3 May 2010, 2:06 pm by PaulKostro
Gayet, 92 N.J. 149, 154-55 (1983), the Court held that “cohabitation” was a changed circumstance under 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
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
A court may modify alimony and child support if it finds that there has been a change in circumstances since the time the original support order was entered
20 Apr 2010, 9:29 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications
7 Apr 2010, 8:42 am by PaulKostro
See, e.g., Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Best interests of the child are the primary and overarching consideration in custody disputes
1 Apr 2010, 12:50 pm by PaulKostro
(quoting Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anti-Lepis
1 Apr 2010, 12:35 pm by PaulKostro
” In Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An antenuptial agreement which would leave a spouse a public charge or close to it, or which would provide a standard of living far below that which was enjoyed both before and during the marriage would probably not be enforced by any court
31 Mar 2010, 2:54 pm by PaulKostro
” Id. at 31 (citing Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law favors parenting time arrangements that afford liberal parenting time so as to enable the children of separated parents to be imbued with love and respect for both parents
26 Mar 2010, 10:56 am by PaulKostro
While consent decrees such as an agreement on parenting time are encouraged, Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Issues related to modification of alimony
18 Mar 2010, 10:54 am by PaulKostro
Lepis, supra, 83 N.J. at 151; see also Crews v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
” N.J.S.A. 2A:34-23; 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