“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
Continue Reading Ability to Pay Hearings: A Refresher in the Limits of Coercive Incarceration
Ability to Pay
A COURT MUST CONSIDER AN ALIMONY PAYOR'S OWN NEEDS AND ABILITY TO PAY WHEN ADDRESSING ALIMONY
By Eric S. Solotoff on
On May 13, 2010, the Appellate Division issued yet another unreported decision in the matter of Walsh v. Walsh. This is yet another interesting decision in a matter that…
Appellate Division Provides Primer on "Changed Circumstances" in Denying Motion to Reduce Support Based on Spouse's Ability to Pay
By Fox Rothschild LLP on
While state courts in matrimonial actions are often asked by an ex-spouse to modify an existing child support obligation under Lepis v. Lepis, 83 N.J. 139 (1980), based on the existence of "changed circumstances" and an inability to pay the ordered support, it is not often that a decision so thoroughly recaps situations in which courts have previously found such changed circumstances. The Appellate Division recently accomplished detailed same in Ferraro v. Ferraro, wherein the facts of the case themselves are noteworthy unto themselves and detailed below.…