RABCPA PC Blog
Importance of case law, Crews v Crews, Lepis v Lepis, Mallamo v Mallamo
understanding the importance of common law in divorce matters
maybe go through these cases and get a good understanding of each case
explanations
all cases stress the importance of the Case Information Statement
you need to read and interpret these cases and get them online.
Case law is important, but I think it’s impossible for case law to apply 100% to any specific divorce. This is why I think that sometimes our opinion should supersede the law, which obviously is not very popular with attorneys and judges.
Crew v Crews 2000 case, importance of establishing lifestyle
Talks a lot about standard of living; establishing a standard of living, and this can be viewed with the statutory standards, listed in the law. Both parties need to be treated fairly.
A modification in alimony, based on a change of circumstances.
This case stressed the importance of establishing a standard of living, lifestyle is critical. After all you can’t modify something unless you understand what you’re modifying.
Based on the court testimony they lived lavish lifestyle that included vacations in Martha’s Vineyard yacht club membership etc. but it appeared to be paid from Mr. cruises business.
Burden of proof was on Ms. Crews to show the change of circumstances.
The modification was denied, change of circumstances is capped by the marital lifestyle
Lepis v Lepis 1980 case modification
married in 1961 at three children and divorced in 1974., Wife sort modification
remember, supporting spouse’s obligation is mainly determined by the quality of economic life during the marriage.
The moving party must demonstrate the change of circumstances
child support needs to increase, must demonstrate that the original agreement did not provide for new issues
Increase in support is necessary when change of circumstances substantially impair the dependent spouse ability to maintain the standard of living reflected in the original divorce decree.
Once burden is met then they can decide if money spouse can support the increase payments
wife won and court had to reopen the case
Mallamo v Mallamo, 1995 case
Pendente Lite, prima facie requirement on the party seeking the order
“Pendente Lite preserves the marital status quo; this is unreasonable because it’s untenable to maintain the status quo in many situations were now the family has two households and is paying legal and other fees out.
Court ruled that reduction in child support did not constitute a retroactive modification.
Importance of establishing an appropriate dependent taillight payment at the onset of a divorce.
Attorney may try and avoid PL alimony and child support, i.e. pay mortgage etc., may affect or reduce alimony amount or time period
To me case law seems a little suspicious, it’s impossible for any case to meet the same exact facts and circumstances as another case. What this means to me is that an expert’s opinion should be able to supersede any of the case law. This gets attorneys and judges extremely upset because it upends centuries of legal thought.
Posted December 20, 2019 by Robert A Bonavito in Matrimonial & Divorce
NJ 2014 Alimony changes, law N.J.S.A. 28 get: 34, Rehabilitation alimony, open duration, limited duration, reimbursement alimony
Many attorneys still refer to this as the new law.
In New Jersey in 2014 divorce law change substantially, when Gov. Christie signed into law N.J.S.A. 28 get: 34, the law basically did away with permanent alimony. There was a lot of uproar in the state because when permanent alimony was awarded in the past, that meant that if the money spouse retired, they still had to pay the alimony. This would result in them going back to court and trying to get a change of circumstances. Which was so troublesome.
The new law seems to be restrictive, it actually made it more flexible. Now they could award more than one type of alimony in divorce settlements.
Alimony is assumed to end once the obligors reaches retirement age as defined by the Social Security administration.
bed and board, allows you to keep survivor benefits with Social Security and some insurance policies, also may not change the will and estate planning.
open duration, only if parties are married for at least 20 years, ends when you remarry or live with someone else or spouse reaches retirement age
limited duration, generally will not last longer than the marriage did, usually based on how long it will take you to improve your earning capacity. Courts may change the amount of the award but rarely the length of time it’s paid.
Rehabilitation alimony, usually awarded based on receiving more education or training must follow specific steps for rehabilitation
reimbursement alimony based on you supporting your spouse through school or additional training and expected to benefit from your spouse’s increase in income.
“court of equity”
Posted December 6, 2019 by Robert A Bonavito in Matrimonial & Divorce
Pendente Lite Dissipation, Counter intuitive, awaiting the litigation
If there’s one thing you need to know or at least talk about with people getting divorced or divorce attorneys in matrimonial engagements is Pendente Lite, which is Latin for awaiting the litigation. Remember this could go on for a year or more so if Pendente Lite is not appropriate it could have a dramatic effect on either party either the money spouse is not can have enough money to live on what the non-monied spouse.
This is a complex area, remember New Jersey is an equitable division state, remember that the assets and income is divided equitably. Also, you have dissipation issues where sometimes a spouse may be taking money from the marriage and utilizing it to buy a townhouse for his girlfriend in Hoboken “Dissipation”. That money had to be considered in establishing the Pendente Lite.
Counter intuitive, money used in marriage increases maintenance
Pendente Lite sets the stage for how the judge will rule on alimony and child support.
Posted November 22, 2019 by Robert A Bonavito in Firm News, Matrimonial & Divorce
