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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Alimony

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WHEN LESS THAN THE FULL AMOUNT IS PAID, WHO GETS TO DECIDE WHETHER IT WAS ALIMONY OR CHILD SUPPORT?

Posted in Alimony, Child Support, Practice Issues

What happens when a support obligor shorts his alimony and child support payments and then tax time comes around?  Of course, since alimony is deductible to the payor, he/she is likely to want to claim that most or all of the payments were alimony in order to get the deduction.  Inevitably, if the recipient doesn’t… Continue Reading

YOU CHEATED, YOU LIED, THE COURT SAYS “WHATEVER”

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When meeting with a new client whose spouse has cheated on them, the anger, sadness, sense of loss and betrayal is often palpable.  They are quite often resolute that they can never get over their spouse’s indiscretion (though referring to it as an indiscretion seems to minimize it from the victim’s perspective), and proceeding to… Continue Reading

New Years Resolutions: How to Be a Good Divorce Client

Posted in Alimony, Child Support, Divorce, Equitable Distribution, Interspousal Agreements, Uncategorized

In the spirit of New Years resolutions, I thought I would give my top 10 resolutions on how to be a good divorce client. 1.         Give me the information I am asking for in a timely manner.  I realize your time is valuable. I realize that it takes a significant amount of time to compile… Continue Reading

IS IT A PROBLEM THAT TWO DIFFERENT JUDGES CAN LOOK AT THE SAME FACTS AND ONE WOULD SAY PERMANENT ALIMONY AND ONE WOULD NOT?

Posted in Alimony, Practice Issues

Last week, I blogged about the fact that the Supreme Court was going to be hearing argument on the Gnall v. Gnall case on November 12, 2014.  I watched part of the argument streaming on the judiciary website and the rest of it later when it was posted to the site.  For those of you… Continue Reading

A CHANGE IS GONNA COME – NEW JERSEY LEGISLATURE OVERWHELMINGLY PASSES ALIMONY REFORM BILL

Posted in Alimony, Modification

After almost three years of legislative discussions, negotiations, arguments, and the like, alimony reform is coming to New Jersey in what is turning out to be light speed.  Late last week, the New Jersey State Assembly unanimously passed a compromised form of long-debated legislation that would represent what many consider to be a substantial overhaul of New… Continue Reading

APPELLATE DIVISION UPHOLDS AWARD OF PERMANENT ALIMONY IN 12 YEAR MARRIAGE WHERE WIFE SUFFERED FROM LUPUS

Posted in Alimony, Divorce

While there are few issues more controversial in New Jersey family law than that of permanent alimony, one circumstance in which courts have been relatively consistent in rendering such an award – where the circumstances may have, without such fact, merited a different result – is where the payee spouse suffers from some form of malady.  This was the… Continue Reading

Ability to Pay Hearings: A Refresher in the Limits of Coercive Incarceration

Posted in Alimony, Child Support, Practice Issues

“Why won’t they throw him in jail?  He is $10,000 in arrears in child support!”  This is a sentiment many matrimonial practitioners frequently hear from their clients. Often times clients think that courts automatically throw an obligor spouse in jail for the non-payment of support.  While not uncommon in other states, in truth, the use… Continue Reading

TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT, PART 2 – THE SUPPORTED SPOUSE

Posted in Alimony, Modification

Back in October, 2013, I blogged about losing a dear friend and client, Bill*, after his long battle with brain cancer, and unfortunately, also after a long battle with his former wife over his continued alimony obligation to her. (photo courtesy of freedigitalphotos.net) Over the past several months, I received many emails from people who… Continue Reading

TAX COURT RULES HUSBAND’S ALIMONY PAYMENTS ARE REALLY NON-DEDUCTIBLE CHILD SUPPORT

Posted in Alimony, Child Support, Practice Issues

In Johnson v. Commissioner of Internal Revenue, an interesting new decision from the United States Tax Court, a former husband was held unable to deduct the payments to his ex-wife as alimony because the amount of such payment was subject to a “child-related contingency.”  Specifically, the parties’ divorce settlement agreement provided that “spousal maintenance” payments to… Continue Reading

The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

Posted in Alimony, Child Support, Counsel Fee Awards, Divorce, Equitable Distribution, Visitation/Parenting Time

In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going… Continue Reading

THE INAPPROPRIATENESS OF LINKING RESOLUTION OF CUSTODY TO RESOLUTION OF FINANCES

Posted in Alimony, Child Support, Custody, Practice Issues, Visitation/Parenting Time

Judges want all issues resolved but especially custody and parenting issues.  No issues are more difficult and heart wrenching to decide – especially when facing a true, bona fide custody dispute (and I am not sure that there are really many of those – but occasionally they occur.) Phote courtesy of freedigitalphotos.net The New Jersey… Continue Reading

WHEN DOES “ENOUGH” MEAN WHAT YOU ARE ENTITLED TO?

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When I am representing the payee spouse (frequently also known as the financially inferior spouse, the spouse whose earning capacity pales in comparison to the payor spouse, and the like), I find it interesting when the attorney for the payor spouse tells me that my client should simply be happy with what her soon-to-be former spouse… Continue Reading

Warning: You May Regret Agreeing to Pre-Determined Resolutions for Future Possible Support and Custody Issues

Posted in Alimony, Child Support, College, Modification, Property Settlement Agreements, Visitation/Parenting Time

I am an advocate of resolving divorce and custody disputes and helping my clients make reasonable attempts to avoid judicial intervention.  It is less costly, less lengthy and allows litigants to make their own decisions regarding their children, finances, assets and debts.  However, the motivation for entering into a settlement agreement should not be solely… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

DIVORCE “GIFTS” FOR THE EIGHT CRAZY NIGHTS OF HANUKKAH

Posted in Alimony, Custody, Divorce, Interspousal Agreements, Practice Issues

While I never thought that I would be quoting Adam Sandler on this blog, now is as good a time as any.  As he once famously sang, “Hanukkah is the festival of lights.  Instead of one day of presents, we have eight crazy nights.”  My kids are certainly ready to go, already asking what presents… Continue Reading