Landau v. Landau, ___ N.J. Super. ___ (App. Div. 2019). The honor of the first published Appellate Division decision of the new Term goes to Judge Accurso in this matrimonial appeal. The issue, as Judge Accurso framed it, was “whether the changed circumstances standard of Lepis v. Lepis, 83 N.J. 139, 157 (1980), continues to apply to a motion to suspend or terminate alimony based on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).” In Lepis, the Supreme court ruled that “[a] prima facie showing of changed circumstances must be made...

Holtham v. Lucas, ___ N.J. Super. ___ (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty.” The parties to this matrimonial case entered into a marital settlement agreement that contained a “per diem penalty of $150” for any breach of any duty under that agreement. When plaintiff failed to timely pay off a loan on a car that was to be distributed to his (ex-)wife and...

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., ___ N.J. Super. ___ (App. Div. 2019). This was an abuse and neglect appeal under Title 9. B.H. was the boyfriend of H.S. He was accused of abusing or neglecting H.S.’s daughter, M.S. Title 9 defines “abused or neglected child” as one who is impaired, or in danger of impairment, due to the failure of his or her “parent...