Plenary hearing required to resolve factual disputes

As one might imaging, it is not unexpected that divorcing spouses can hold very different views on the underlying facts and circumstances surrounding their case.  This is especially true when the differing views can alter the outcome and tip the scales in favor of one party over the other. When the certifications submitted by each party reveal factual disputes on a material issue the court is required to conduct a plenary hearing to that more evidence can be supplied and the dispute properly resolved.

FAMILY LAW 20-2-1029 Loch v. Loch, App. Div. (per curiam) (15 pp.) Plaintiff Thomas Loch appeals from a Family Part order granting defendant Joyce Loch’s motion for enforcement of the parties’ property settlement agreement and denying his motion to confirm the parties’ modification of the support and equitable distribution terms of the PSA. He also appeals from that part of the order compelling him to obtain the life insurance required by the PSA and denying his request for counsel fees. The panel affirms as to the insurance policy and attorney fees. However, finding that the court erred in determining the support and equitable distribution aspects of the motion without holding oral argument and an evidentiary hearing where there is an issue of whether the parties’ course of conduct showed a waiver of the requirement in the PSA that any modification of its terms be in writing and where the parties certifications show material factual disputes, the panel remands for a plenary hearing on these issues.

About Sandy Durst

Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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