In M.E.W. v. W.L.W., the Superior Court reversed the lower court’s order discharging the father’s child support obligation because the lower court reviewed the incapacitated adult child’s assets to downward adjust the father’s support obligation. The Court held that such a review is only appropriate when the parent’s resources are lacking, and the father was … Read more
In A.L.B. v. M.D.L., the Superior Court analyzed the 16-factor test set forth in 23 Pa.C.S.A. § 5328(a) in analyzing a trial court’s “drastic action,” awarding sole legal and primary physical custody of children, in a bitter and contentious divorce and child custody matter.
In a rare unanimous opinion, the Supreme Court ruled Estate of Benyo v. Breidenbach that a provision in a property settlement agreement between divorcing spouses, directing a spouse’s municipal pension to be transferred once paid out to the beneficiary from the provider is an enforceable contract provision under the Police Pension Fund Law, Municipal Police … Read more
This appeal involved the validity of a post-nuptial settlement agreement. After Husband petitioned for enforcement of the settlement agreement, Wife counter-petitioned claiming, amongst other things, that the agreement is not enforceable because she signed it under duress. The trial court invalidated the agreement. Husband appealed. The Superior Court noted that the importance of the determination … Read more
The defendant in a divorce action was determined to be disabled by the Social Security Administration. Relying on Gilligan v. Gilligan, 428 N.J. Super. 69 (Ch. Div. 2012), the Appellate Division held that the SSA’s determination alone was insufficient to prove a disability. The Appellate Division abrogated Gilligan to the extent that it conflicts with Golian v. … Read more