Unlike child support where there is a set guideline, an algorithm, which uses the income of both parties and a number of other factors, alimony is much more fluid and often brings arguments on both sides as to how much alimony or alimony is appropriate.
During the pendente lite period, when the parties are discussing a presumptive amount of alimony, many attorneys and judges rely on the Case Information Statement (the “CIS”). Speak with an experienced spousal support attorney about better understanding New Jersey alimony guidelines and how they can impact your case.What is Required of Both Former Spouses
Both parties have to submit a Case Information Statement during the course of the litigation. The CIS is a ten-page document which outlines the income of the parties, their assets and liabilities, as well as their expenses.
There is a Schedule that outlines the transportation, housing and personal expenses that each party incurs on a monthly basis. It actually includes entertainment expenses such as the amount of money spent on alcohol, tobacco, newspapers, utilities and housing costs.
If a spouse that is not the primary breadwinner or earns significantly less money that they cannot even cover those basic expenses, if the parties do separate, that is an appropriate time to look at what the expenses are and what should be given by the other party to make ends meet.New Jersey's Alimony Guidelines
The court considers a number of factors as an informal version of New Jersey alimony guidelines and some of those factors are:
When determining alimony, the court considers the following non-money related factors:
Before understanding the ability to pay alimony, New Jersey alimony guidelines often require an evaluation the earning potential of each former spouse:
The degree of variability between the length of the marriage alone is just one factor that needs to be considered along with all the other factors when determining an alimony award.
There is no formula for New Jersey alimony guidelines. However, the factors regarding alimony are to be considered by the parties and the judge; this information is analyzed and considered to determine if there is an actual need for alimony and if there is actual need, what that need should be.