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Can a divorcing spouse be imputed income from a beneficial interest in a discretionary support trust?

In the landmark case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), the Appellate Division conclusively determined (as upheld by the Supreme Court, see 208 N.J. 409 (2011)) that a divorcing spouse could not be imputed income based upon their interest in a discretionary trust for the purpose of calculating support obligations.…

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Divorce

Lombardi v. Lombardi, 2016 N.J. Super. LEXIS 123 (App. Div., September 12, 2016)

Our State’s Appellate Division recently held that where divorcing parties regularly saved a portion of their earnings during the marriage, that same should be considered as part of the “marital lifestyle” when determining alimony (support) awards. In Lombardi v. Lombardi, the Court addressed a situation where the parties, despite Husband’s significant income, lived a relatively…

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DivorceIn The News

College Contribution in the wake of Avelino-Catabran v. Catabran

The July 2016 decision of Avelino-Catabran v. Catabran, 445 N.J. Super. 574 (App. Div. 2016) proved to be another precedential decision in the body of New Jersey college contribution cases. Specifically, Avelino-Catabran served to raise the level of consciousness for family law attorneys and clients alike, relative to the clear, plain language of litigant’s matrimonial…

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