News & Analysis as of

Divorce Modification

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

My Ex Sold Our House for Huge Money. Why No Change in My Support?

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April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other “one time” transactions are a basis to seek modification of child support or alimony awards....more

Fox Rothschild LLP

Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony

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Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more

Lerch, Early & Brewer

How Can Collaborative Law Help Me? Answering Common Questions.

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It’s a common scenario: You don’t want a court to determine your family’s affairs, but you do want a structure in place to ensure you (and your children) get a fair outcome....more

Fox Rothschild LLP

If Custody Modification is “On the Table” so is Legal Custody

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Pennsylvania codified its custody laws in 1985 and at that time it drew a statutory distinction between decision making power (legal custody) and actual possession of the child (physical custody). In the 1980s there was a...more

Fox Rothschild LLP

Top 10 Divorce Trends in 2022

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As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its ups and downs, but as the pandemic has waned, 2022 has also presented...more

Fox Rothschild LLP

Like the Lochness Monster – A Rare Doctrine of Unclean Hands “Citing”

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The Family Court in New Jersey is a court of equity. Accordingly, old, if not ancient “equitable principles” or maxims are supposed to apply. One such maxim is that he who seeks equity must do equity. Over the course of...more

Fox Rothschild LLP

Alimony Formulas: Yet Another Cautionary Tale

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Over the years, I have blogged about alimony formulas, “rules of thumb” and similar ways that alimony is settled. I say settled, because in most instances, courts are not allowed to use a formula to determine alimony. ...more

Fox Rothschild LLP

Appellate Division Clears Up The Alimony Statute Application For Early Retirement In Pre-Amendment Cases

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The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early retirement, where parties entered into an alimony...more

Burns & Levinson LLP

Now Leaving Massachusetts – The Impact on Alimony

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As a life-long Massachusetts resident, I find it hard to understand people who move to Massachusetts from warm climates. While my colleague, Jordan Bowne, recently suggested that fall is a great time to be in Massachusetts,...more

Stange Law Firm, PC

The False Mindset of Fixing It Later

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For many individuals, they can find themselves facing a divorce or family law matter. Their spouse (or the other party to the family law case) has an attorney. They indicate that their attorney is simply going to draw up the...more

Stange Law Firm, PC

Modifications Are Common Family Law Cases

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When individuals think about family law matters, divorce cases are the first types of family law cases that often come to mind. It is true that divorce filings are probably the most common type of family law case. ...more

Fox Rothschild LLP

Modifying Unmodifiable Agreements

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A standard provision in most written agreements establishes that no modification of the agreement shall occur unless the parties do so in writing (and usually notarized to avoid fraud). Recently, however, I confronted the...more

BCLP

House Held In Trust Lost Marital Asset Status

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In the afterglow of a wedding, the spouses probably don’t immediately start thinking how the bliss they feel may end spectacularly and expensively. Chances are they may even start estate planning, thinking how they can...more

Burns & Levinson LLP

Misinterpreting the Law Doesn’t Negate an Alimony Agreement

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The Appeals Court decision in DeMarco v. DeMarco reminds us that a deal is a deal, even when it’s entered into based upon advice from a trial judge who misinterprets the law....more

Burns & Levinson LLP

Modification Process in Massachusetts Divorce Cases

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The modification process is a bit more streamlined than the divorce process, mainly because there is a lot less discovery. Since the property division portion of a divorce agreement or judgement is not modifiable, issues of...more

Burns & Levinson LLP

Modification, Change is Hard

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I hope you all are enjoying this gorgeous weather, I love it! We have been very busy here since March with a number of modification cases, as the new Alimony Law allowed for a large group of payors to file for modification...more

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