In 2014 New Jersey’s alimony laws were amended following a joint effort between divorce lawyers and the legislature to “modernize” our states’ alimony statute. One of many changes involves how New Jersey courts would interpret cases wherein the payor of alimony attempts to eliminate (or lower) their alimony payments due to losing a prior job wherein they were employed for a lengthy period of time and has now gained new employment. However, the new job provides a “significant” reduction in income that, in turn, compromises their ability to pay alimony at the same level as previously agreed upon in the Property Settlement Agreement prepared by one of the attorneys in the case or ordered by a judge of the Superior Court of New Jersey following a trial. [Read more…] about When May Alimony Be Reduced Due To A Loss Of Long-Term Employment?
Alimony
The Judge Is Smarter Than Some People Think!
Throughout my career as a divorce and family law attorney, I have seen many folks who feel that they can, “play the system.” Many times, this involves the high conflict issue of alimony. Let’s call it the way it is; no one wants to pay alimony to their “ex.” While the lawyers at our law firm sympathize, we always give our client’s an honest assessment of their case throughout the divorce process, including the “hot button” issue of alimony. However there are times that, notwithstanding our advice to the contrary some folks proceed, pro se, thinking that they can “play the system” and avoid their alimony obligation. Some folks quit their jobs thinking that this will allow them to circumvent alimony payments. Others hurry right back to court immediately after the divorce thinking that they can convince a judge that alimony is unfair. All told, a judge of the Superior Court of New Jersey can see right through these vain and fruitless attempts to avoid paying alimony. Sometimes, these folks make the situation only worse for themselves when they have to pay their “ex’s” attorney’s fees if the court finds that they are acting in bad faith.
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To Reduce Alimony In N.J., Any Reduction Of Income Cannot Be Deemed “Temporary”
One of the most challenging issues facing this New Jersey divorce attorney is when a previous client comes back to our law firm to reduce alimony. The lawyers at our firm must then immediately examine whether or not the decrease in our client’s income (or compensation package) is permanent or temporary in nature. New Jersey alimony law is clear that any change must be permanent in nature (amongst other factors). Otherwise, a motion to a New Jersey Family court seeking to modify or terminate alimony shall not succeed if the situation is deemed to be temporary in nature. The recent New Jersey Appellate Division case of Grier v. Grier, illustrates that a court will require a showing of permanent changed circumstances before modifying any alimony obligation.
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Under N.J. Law, Is The Alimony Factor Of The “Standard Of Living” Applicable To Both Parties?
Yes. Pursuant to New Jersey’s updated alimony laws, lawyers were advised that the standard of living of both parties is applicable to both spouses. Following please find this New Jersey alimony attorney’s of a recent divorce case that explains how this may affect your case.
In Malek v. Malek, the Honorable Judge Jones of the Superior Court of New Jersey, Family Part of Ocean County addressed an issue concerning pendente lite alimony as it related to the new statutory amendments to the alimony statute, New Jersey Statute 2A:34-23(b). Judge Jones held that replication of the marital lifestyle is not the only or even main factor for consideration in a pendente lite alimony determination. Both the spirit and terms of the amended alimony statute enumerate the analysis of pendente lite alimony motions under the applicable statutory factors, involve far more than simply considering each party’s former “standard of living” and marital lifestyle. He further held that in several divorces it is likely that after the separation, neither spouse will be able to financially maintain the previous “marital lifestyle” on a pendente lite, or temporary basis. Far more often both spouses will have to adjust their budgets and expectations, because the court has the power to enter a fair and equitable pendent lite support award in which neither spouse maintains the standard of living enjoyed while married.
If My Spouse is Not Working to Their True Ability, How Does That Affect New Jersey Alimony and Child Support?
As a New Jersey divorce attorney with vast experience, I grapple with this issue on nearly a daily basis. New Jersey child support and alimony can be so complex that we may require an expert’s impute. Let’s explore how a vocational expert can save you money in a New Jersey divorce.
A few months ago, I had a client come to me with a dilemma. He was the breadwinner of the family—graduated from Rutgers University with a bachelors degree and after working years in construction, became the owner of a prestige construction company. My client’s wife was not an uneducated person by any means as well. She had graduated from Rutgers as well and was a licensed real estate broker in New Jersey. However, once the couple had children, they decided it would be best for mom. to stay at home and care for the house and kids as her primary job. Important to note, this was a mutual decision; my client’s wife agreed to give up her job position to stay at home with the children, she was not forced into it.
Open Durational Alimony in New Jersey
Following the determination of an alimony amount, the courts determine who the payor is, and how long they will be expected to pay. After an alimony duration is set, there are situations that are considered exceptional by the court that may adjust the alimony duration. [Read more…] about Open Durational Alimony in New Jersey