News & Analysis as of

Alimony Support Modification

Fox Rothschild LLP

So Alimony Formulas are Sometimes OK?

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Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...more

Dentons

I Don’t Appreciate Your Alleged Depreciation

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In Iowa, child and spousal support (alimony) amounts are mainly determined by each party’s income. But income is not the whole story. Parties may deduct certain qualified expenses, resulting in a lower income amount used in...more

Fox Rothschild LLP

Are Your Adult Kids What is Busting Your Budget? An Experian Study Says You are Not Alone.

Fox Rothschild LLP on

We have recently encountered an issue where one former spouse is pursuing a reduction in alimony based upon a significant reduction in commissioned income. In exploring this issue, there is not a great deal of appellate...more

Lowndes

Florida's Alimony Overhaul: New Legislation Changes Modification Standards

Lowndes on

On June 30, 2023, Governor DeSantis signed landmark legislation, which made sweeping changes to Florida’s alimony laws. Similar attempts have failed in prior years, including a veto by DeSantis of the bill’s predecessor in...more

Fox Rothschild LLP

Delay, Waiver & Law of the Case Doctrine

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Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date or otherwise...more

Burns & Levinson LLP

New Guidance on the Intersection of Alimony and Child Support

Burns & Levinson LLP on

The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order.  Effectively, this has...more

Fox Rothschild LLP

Superior Court Affirms Concept of Child Support Agreement as Convertible to Alimony.

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Non modifiable child support provisions are infrequent but do come up occasionally when parties are negotiating Property Settlement Agreements. It typically arises when a dependent spouse asserts that a certain level of...more

Fox Rothschild LLP

When Dealing With A Motion to Terminate Alimony, Court’s Can Consider Prospective Retirement – No Really, The Can

Fox Rothschild LLP on

When the alimony statute was modified in 2014, aside from making 67 the presumptive, good faith retirement age, it also included multiple standards for the court to consider when a party sought to terminate or modify alimony...more

Fox Rothschild LLP

Appellate Division Defines The Elements A Movant Must Present In Order To Demonstrate A Prima Facie Case Of Cohabitation

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Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided long awaited and...more

Stange Law Firm, PC

Do Both Parties Have to Agree to a Modification?

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After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more

Burns & Levinson LLP

Marital Lifestyle is Not a Factor to be Considered in Deviation from Alimony Durational Limits

Burns & Levinson LLP on

In 2011, the Alimony Reform Act determined that alimony is “the payment of support from one spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time.” G.L. c. 208, §48. The...more

Jaburg Wilk

Modifying Arizona Spousal Support Orders

Jaburg Wilk on

Spousal maintenance can be either modifiable or non-modifiable. Generally, when a spousal support order is the byproduct of an agreement between the spouses, after the divorce decree is entered, neither one of the parties or...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: A prior appeal in this case concluded that the defendant, former husband, was entitled to seek modification of alimony and support when he voluntarily moved from Florida to...more

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