Normally, when a paying spouse provides evidence demonstrating that their former spouse may be cohabiting in a marriage- like relationship, the Trial Court schedules a trial in order to determine whether there is in fact cohabitation; and, if so, whether the economic benefit from the cohabitation eliminates or reduces the former spouse’s need for… Continue Reading Appellate Division Affirms Termination of Alimony Based Upon Cohabitation Without the Need for a Plenary Hearing (Brian G. Paul).

Cyr v. Cyr Brian G. Paul, a partner in the firm’s matrimonial department, recently reversed a Trial Court judge’s denial of a former husband’s motion to reopen his Final Judgment of Divorce so that $330,000 of net proceeds stemming from the sale of marital stock options that he claimed were not disclosed at the… Continue Reading Husband Entitled to Trial to Determine Whether He Should Receive Portion of $330,000 Marital Stock Options He Claimed Were Not Disclosed at Time of Divorce (Brian G. Paul).

Pizi v. Bolam Brian G. Paul of the firm’s family law department successfully defended an ex-husband’s appeal of a Family Part Judge’s denial of his request to reduce alimony and child support. At the time of the divorce, the husband was earning $450,000 per year as a Vice-President at Merrill Lynch. Post-Divorce, the ex-husband… Continue Reading Restricted Stock Awarded by Employer as Deferred Compensation Constitutes Income for Alimony and Child Support Purposes (Brian G. Paul).

Brian G. Paul successfully represented a father in his quest to obtain a post-divorce transfer of custody of his then 15 and 10 year old children. At the time of the divorce several years earlier, the parties were granted joint legal custody of the children, with the mother designated as the children’s primary caretaker.… Continue Reading Appellate Division Affirms Transfer of Sole Custody to Father As Well As 15 Year Old Child’s Right to Decide Whether She Visits With Mother (Brian G. Paul).

Hunter v. Humphrey Default was recently entered against a husband who had attempted to represent himself in a divorce action after he failed to file his Answer and Counterclaim on a timely basis. The husband filed a motion to vacate the default so that he would have an opportunity to participate in the divorce… Continue Reading Portions of Final Judgement of Divorce By Default Summarily Reversed and Vacated (Brian G. Paul).

Antoniotti v. Antoniotti In 2004, the firm won an emergent appeal summarily reversing the entry of a Final Restraining Order prohibiting a father from having any contact with his ex-wife and 17 year old son. In that case, the parties had been divorced for 8 years, and shared joint physical custody of their 17… Continue Reading Final Restraining Order Prohibiting Father From Communicating With Parties’ 17 Year Old Son Reversed After Emergent Appeal (Brian G. Paul).

J.C. v. J.M. In J.C. v. J.M., Brian G. Paul successfully represented a victim of domestic violence in the Appellate Division after her former boyfriend filed an appeal of the Trial Court’s entry of a Final Restraining Order in her favor. There, our client and her former boyfriend had a five year dating relationship. After our client… Continue Reading Final Restraining Order Affirmed (Brian G. Paul).

Reversed Child Support Verdicts In the year 2000, the firm won two unreported Appellate Division child support cases, Simmonds v. Simmonds and Wiedaseck v. Immesberger. In each of those cases, Brian G. Paul successfully convinced the Appellate Division that the Trial Court Judges had improperly calculated child support. Both cases were reversed and remanded back to… Continue Reading In 3 Separate Cases, Incorrect Child Support Calculations are Reversed By Appellate Division (Brian G. Paul).