SUPREME COURT OF NEW JERSEY MAKES IT EASIER TO TERMINATE ALIMONY BY PROVING COHABITATION

August 10, 2023

Cardali v. Cardali Docket No. A-25-22 Decided August 8, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. The Supreme Court of New Jersey in a recent decision reversed a decision to deny a motion to modify alimony based on cohabitation, finding the movant demonstrated a prima facie showing of cohabitation. In Cardali, Plaintiff Suzanne Cardali…

A Significant Non-Temporary Change of Circumstances May Be Used to Modify an Agreement or Court Order for Custody, Child Support, or Alimony

July 12, 2022

Horvath v. Horvath Docket No. A-2225-20 Decided July 11, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed an order modifying rehabilitative alimony into limited duration alimony and failing to properly calculate child support with a social security disability derivative benefit. In Horvath, the…

Prosecutor’s Inexcusable Delay in Turning Over Discovery Leads to Judge’s Decision Reversal

June 8, 2022

State v. Danron Morrisey State v. Marcus Morrisey State v. Louis Sloan Appellate Docket No.: A-2659-21 A-2671-21 A-2672-21 Decided June 6, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent consolidated unpublished opinion, the Appellate Division of New Jersey reversed a Judge’s decision to extend defendant’s pretrial detention 60 days beyond the…

Motion to Modify Alimony, Finding the Movant Had Made a Prima Facie Showing of Cohabitation

May 18, 2022

Meixner v. Meixner Docket No. A-0551-20 Decided May 12, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation and there was nothing more…

Alimony Can Be Terminated Through Several Means

December 22, 2021

Kowal v. Hartman Docket No. A-4923-18 Decided December 21, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s termination of plaintiff’s alimony obligation based on the terms of the parties’ Property Settlement Agreement (PSA) and plaintiff’s disability. In Kowal, The parties were divorced in…

Property Settlement Agreement (PSA) and Parties’ Obligations Towards Their Sons’ College Costs

October 1, 2021

Zegarski v. Zegarski Docket No. A-4146-19 Decided:  October 1, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision in the Appellate Division of New Jersey affirmed the trial court’s orders in regard to a matrimonial matter and the parties’ obligations towards their sons’ college costs and concomitant award for counsel fees.…

Divorce Plaintiff Misled the Court About His Income; Counsel Fees Were Awarded to the Defendant Payable by Plaintiff

August 17, 2021

K.W. v. S.W. Docket No. A-2884-19 Decided August 17, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to recalculate child support and award $102,911.28 in counsel fees to the Defendant. In K.W. v. S.W., The parties divorced in 2013 after nine years…

Modification Of Custody in A Post-Divorce Judgment Matter in Which the Parties Were Both Attorneys

June 3, 2021

Abdelkader v. Hosny Docket No. A-1816-19 Decided June 2, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s modification of custody in a post divorce judgment matter in which the parties were both attorneys. In Abdelkader, a post judgment divorce matter, the Court reviewed…

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…

The Importance of Accurately Reporting your Income and Financial Status in Divorce

June 12, 2020

Troncoso v. Zamel Docket No. A-3315-18T3 Decided June 9, 2020 Submitted by New Jersey Divorce Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay…