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Sunday, November 25, 2018

ANNA BERMEO VS. MARIO BERMEO (FM-13-1076-14, MONMOUTH COUNTY AND STATEWIDE) (A-1312-17T1)

In this appeal, plaintiff argues that she was entitled to have the post-judgment motion judge establish the marital lifestyle pursuant to Crews v. Crews, 164 N.J. 11 (2000) notwithstanding a waiver of that determination at the time the judgment of divorce was entered; and that she was entitled to an increase in her alimony payment. Affirming denial of her motion, the court rejected plaintiff's argument that the court was obligated to conduct a Crews analysis post-judgment because: their Property Settlement Agreement was recently entered; did not reserve such a determination; and was not the product of coercion or duress. Consequently, the court found no basis to impute a higher income to defendant and increase plaintiff's alimony payments.