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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Jan S. v. Leonard S.

This case concerns an ex-wife's motion for an upward modification of her $100 weekly lifetime alimony, established in a 1974 divorce decree, from her wealthy ex-husband. Despite suffering from mental illness, poverty, and homelessness, a Special Referee recommended denying her request. The court, presided over by Justice Matthew F. Cooper, confirmed the Referee's report, finding no substantial or unforeseen change in circumstances. The court ruled that her status as a "public charge" and the effects of inflation were not new developments justifying an increase, emphasizing that the ex-husband is not solely responsible for her continued difficulties. The ex-wife's motion for increased alimony and attorney's fees was denied, with the original alimony amount maintained.

DivorceAlimonySpousal SupportUpward ModificationChange in CircumstancesSpecial Referee ReportPublic ChargeMental IllnessHomelessnessInflation

References

Case No. MISSING

Regular Panel Decision

Sandhu v. Sandhu

Justice Weinstein dissents in part and concurs in part regarding a divorce judgment. The memorandum argues that the evidence presented by the plaintiff husband for cruel and inhuman treatment was insufficient to warrant a divorce in his favor, especially considering the 15-year marriage, the wife's financial dependency, and acts of provocation by the husband and his mother. Conversely, the justice finds that the defendant wife presented sufficient evidence of the husband's cruel and inhuman treatment, including physical assaults and verbal abuse, entitling her to a divorce on her counterclaim. The memorandum recommends modifying the judgment to grant the wife's counterclaim for divorce and remitting the matter for alimony proceedings. It concurs with the trial court's decision to award custody of the three minor children to the husband, based on a psychiatric social worker's recommendation and the children's expressed preference, while ensuring liberal visitation rights for the wife.

DivorceCruel and Inhuman TreatmentAlimonyChild CustodyDomestic Relations LawMarital MisconductProvocationAppellate ReviewSpousal SupportLong-Term Marriage

References

Case No. MISSING

Regular Panel Decision

Pepitone v. Pepitone

This case addresses whether a former wife, Mrs. Pepitone, can presently sequester her former husband's, Mr. Pepitone's, pension benefits to satisfy significant arrearages in alimony and child support judgments. Mr. Pepitone, a former New York Yankees player, is eligible for early retirement benefits at age 45. The court examines the interplay of the Federal Employee Retirement Income Security Act of 1974 (ERISA), specifically its anti-alienation provision, with State law regarding family support obligations. While acknowledging that ERISA does not preclude sequestration for family support, the court denies the current application as premature. The decision allows Mrs. Pepitone to renew her application when Mr. Pepitone reaches age 45, at which point she may compel him to elect early retirement to access the benefits for the outstanding judgments.

Pension BenefitsSequestrationAlimony ArrearsChild Support ArrearsERISAAnti-Alienation ProvisionEarly RetirementMarital DissolutionVested InterestFamily Support

References

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Jan S. v. Leonard S.

DivorceAlimonySpousal SupportUpward ModificationChange in CircumstancesSpecial Referee ReportPublic ChargeMental IllnessHomelessnessInflation

Sandhu v. Sandhu

DivorceCruel and Inhuman TreatmentAlimonyChild CustodyDomestic Relations LawMarital MisconductProvocationAppellate ReviewSpousal SupportLong-Term Marriage

Pepitone v. Pepitone

Pension BenefitsSequestrationAlimony ArrearsChild Support ArrearsERISAAnti-Alienation ProvisionEarly RetirementMarital DissolutionVested InterestFamily Support