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  • 1.  Gains or losses on accounts after appeal

    Posted 01-09-2018 03:55 PM

    I represent Wife in an appeal of the interpretation of a matrimonial settlement agreement.  The agreement gave wife specific sums from various investment accounts of husband.  The accounts were not transferred for two years because Husband appealed the agreement as enforced by the Court.  Obviously the stock market has gone way up in the past two years.  Is there any case law that would entitle my client to the gains on those specific accounts during the period of appeal.  The Husband lost the appeal.

     

    Michael S. Rothmel, Esq.

     



  • 2.  RE: Gains or losses on accounts after appeal

    Posted 01-09-2018 04:02 PM

    The ambiguity of a QDRO provision in a Matrimonial Settlement Agreement relative to market fluctuation of a deferred contribution plan payout was addressed in the unpublished case of Ejiofor v. Ejiofor, 2010 N.J. Super. Unpub. LEXUS 2559 (Dec'd Oct. 22, 2010). It may help or lead you to something that will.

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com

     




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  • 3.  RE: Gains or losses on accounts after appeal

    Posted 01-09-2018 04:09 PM
    And has to be an equitable argument Re: unjust enrichment

    Sent from my iPhone


    William J. Thompson, Esq.

    Archer & Greiner P.C.

    One Centennial Square
    Haddonfield, NJ 08033
    Direct Dial: 856-354-3001
    Fax: 856-795-0574
    [email protected]<mailto:[email protected]>
    www.archerlaw.com<http: www.archerlaw.com="">

    [cid:30acce9f49d14764a0dcba92231b09c9]<http: www.archerlaw.com/="">


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  • 4.  RE: Gains or losses on accounts after appeal

    Posted 01-09-2018 04:11 PM

    Thank you Bill.

     

    Mike

     




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  • 5.  RE: Gains or losses on accounts after appeal

    Posted 01-09-2018 04:11 PM

    Thank you Charles

     

    Mike

     




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  • 6.  RE: Gains or losses on accounts after appeal

    Posted 01-09-2018 08:00 PM

    The filing of an appeal wouldn't change the basic tenant that post-complaint passive gain is subject to distribution. I've had cases where we included a specific dollar amount in order to protect the other spouse from possible market decline, but, absent something along those lines, the general law (Painter, Brandenburg, Orlger, etc) would control. If the App decision included a specific amount and there's ambiguity and your adversary is being ...creative... enough to argue over it, I'd consider a post-disposition motion to clarify the point?  (I don't know how much App Div you do, but they like "check box" answers where possible rather than supplemental explanations, so I'd word the motion relief carefully so a "granted" will answer it).


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