When we all think of insurance, we often think of medical insurance, car insurance and homeowner’s insurance as these seem to be the necessary and everyday types of insurance. Life
Continue Reading The Forgotten Insurance: Life Insurance to Secure Alimony & Child Support
APPELLATE DIVISION HOLDS AMENDED ALIMONY LAW DOES NOT APPLY TO POST-JUDGMENT ORDERS FINALIZED BEFORE LAW’S EFFECTIVE DATE
With New Jersey’s amended alimony statute becoming effective on September 10, 2014, many questions have arisen as to how the statute will apply and the meaning of many of the
Continue Reading APPELLATE DIVISION HOLDS AMENDED ALIMONY LAW DOES NOT APPLY TO POST-JUDGMENT ORDERS FINALIZED BEFORE LAW’S EFFECTIVE DATE
Reflections On The Alimony Statute One Year Later
Today marks the first anniversary of new alimony law. One year ago today, September 10, 2014, Governor Christie signed into law Bill A-845 which substantially amended the provisions of the
Continue Reading Reflections On The Alimony Statute One Year Later
BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT
As a matter of public policy, New Jersey Courts favor the enforcement of agreements reached between parties. Since Marital Settlement Agreements (“MSA”) are entered into consensually and voluntarily, they are
Continue Reading BE CAREFUL WHAT YOU WISH FOR…BECAUSE YOU JUST MIGHT GET IT
The Presumption of Custody in a Domestic Violence Case Is Not Determinative in a Custody Case
In the domestic violence statute, there is a presumption that the abused should get custody. In the custody statute, the prior history of domestic violence is simply one of the
Continue Reading The Presumption of Custody in a Domestic Violence Case Is Not Determinative in a Custody Case
A PARENT’S ILLNESS AND ITS IMPACT ON CUSTODY
To what extent can a parent’s illness can have a bearing on a pending custody decision or existing custody arrangement. Oftentimes, the illness is of a mental nature, where one
Continue Reading A PARENT’S ILLNESS AND ITS IMPACT ON CUSTODY
TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT – EASY, RIGHT? WRONG.
Recently I lost a dear client and friend, Bill*, after his long battle with brain cancer. Bill was a man with a kind-hearted spirit and a gentle disposition – one
Continue Reading TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT – EASY, RIGHT? WRONG.
Alimony Modification – A Judge's Checklist
Most people are aware that a supporting spouse may be entitled to modify an alimony obligation upon a showing of “changed circumstances.” However, many people do not know that the “leg-work” that they have to do to set themselves up to succeed on such a Motion begins long before the parties ever go to Court, especially if a supporting spouse is asking for relief on the basis of a purported job loss or reduction in income.
Below is a non-exhaustive list of items that a Judge will look for when a supporting spouse is requesting to reduce his or her alimony obligations:
• Has the applicant proven that his/her circumstances have changed such that he/she would be entitled to a child support or alimony reduction – Common scenarios constituting changed circumstances include:
o A reduction in a party’s income;
o Illness;
o Retirement;
o The receipt of an influx of liquid assets;
o Cohabitation of the supported spouse.Continue Reading Alimony Modification – A Judge's Checklist
Motions to Reduce Support: When Applications are Denied without a Plenary Hearing, What's Next?
In this economy, you would be surprised to see how many judges are jaded by applications brought by supporting spouses to reduce their support obligations based upon a reduction in income. After all, some judges entertain these applications on their daily docket and oftentimes see supporting spouses who are simply attempting to capitalize on the down economy and lack any actual merit to their cases. This blog post will explore one of the reactions by judges to this type of application; namely, denying the request of the supporting spouse outright without even holding a hearing, taking testimony, and making credibility findings.
Support obligations are always modifiable by the family court upon application of the supporting spouse. Typically, this type of application requires the supporting spouse to make a threshold prima facie showing that “changed circumstances have substantially impaired the ability to support himself or herself.” Lepis v. Lepis, 83 N.J. 139, 157 (1980). When such a showing is made, the Court must next determine if a plenary hearing is warranted. This is sometimes referred to as the two-step Lepis analysis.Continue Reading Motions to Reduce Support: When Applications are Denied without a Plenary Hearing, What's Next?
Surely I can get my alimony reduced after a 17 month job search resulting in a job with a 22% reduction in income?
With the economic downturn and slow down in the economy since 2008, there has been a lot more post-judgment litigation to reduce alimony and child support. Much of this litigation