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New Jersey’s overhaul replaces the legal term permanent alimony with open durational alimony, allowing modifications after 90 days of unemployment and says if a recipient moves in with a new partner that could also be a cause to end payments. The law says that alimony may be modified or end when the payer retires unless a judge decides it should continue.
First of all, nothing changes for court-ordered alimony payments put in place in the past. The terms of existing alimony orders are grandfathered in and are unaffected by the recent law changes. The law applies only to future divorces establishing alimony payments.
Governor Christie signed a new alimony law on September 20th, 2014. The law tries to make alimony more reasonable for both sides.
Most family lawyers agree that using life insurance to secure alimony payments to be a prudent and cost effective method to protect the recipient spouse, should the one paying alimony die before their alimony obligation is completed.
Alimony reform in New Jersey was a front page article in The Star Ledger on November 30, 2013. Some New Jerseyans support a bill that would create alimony guidelines with a formula, similar in concept to the state’s child support guidelines, with established limits on the amount and/or period of support.
There is no question that determining both the length and amount of alimony in New Jersey are fact-sensitive exercises requiring the analysis of 12 specific statutory factors with a 13th catchall factor. Any alimony analysis should not be relegated to formulaic guidelines, which by their very nature will only consider a few factors such as the income of the parties and the length of the marriage.
Something about “alimony” strikes a nerve in divorcing couples. In divorce mediation, we often talk about alimony or “spousal support”, as we call it in New Jersey, and in the beginning, the conversations can get heated.
As a family law attorney in these tough economic times I am often asked two related questions: Can I have my support obligation modified and, if so, what do I need to do to have my support obligation modified?
While it’s not for everyone, an alimony buyout is something that may make sense in your specific situation, and is certainly something worth considering.
I am in a vicious legal battle against my cheap ex-husband. He is trying to have my alimony payments reduced/terminated because I am finally back to work, and I am now earning a decent living. What is the best case that I can cite to the court?
When people think of spousal support (alimony), they typically think of a check in the mail that arrives on a regular interval that is meant to help one spouse support their post-divorce lifestyle and offset the financial differences between each spouses’ earnings.
If you have done any reading about alimony you have probably learned there are five 5 kinds of alimony recognized as part of laws of the State of New Jersey permanent, rehabilitative, limited duration, reimbursement and pendente lite. What you may not know is there are other kinds of alimony which attorneys may use to help settle your case.
It is very important to emphasize that alimony reduction motions are decided on a case by case basis. This legal concept often makes many litigants very upset and some even enraged. Your case could be exactly like your neighbors case who had his alimony terminated. However, you could lose your case even though you had the same disability or if you lost your job just like your neighbor did.
If you canít work the same job and if make the same income that you used earn, then you can file a motion to reduce/terminate your alimony payments because of illness or disability.
If you review New Jersey case law it is clear that if a dependent spouse has received an inheritance, then this event could be a prima facie case to justify a reduction/termination of your alimony payments. However, each case stands on its own merits, and will be reviewed on an individual basis.
Massive job losses and pay cuts have caused many divorced men to file a record amount of motions to reduce or even terminate their alimony payments. The new reality is that the economy has collapsed, and now many divorced men simply cant afford to scrape out a living and still pay their alimony.
One of the most challenging aspects of any divorce in New Jersey is the calculation of spousal support (also known as alimony) as there is no formula but rather a series of 13 (and in the opinion of this NJ mediator vague) statutory factors that are intended to guide the parties.
If your ex-husband is retired and if he is receiving a pension then you can seek to have his pension garnished. You can use a Qualified Domestic Relations Order (QDRO) that orders the alimony to be directly garnished from your ex-husbandís retirement benefits.
My ex-husband refuses to pay me any alimony as required by our divorce settlement. What steps can I take to enforce the payment of my alimony?
One of the worst parts about getting a divorce is the payment of alimony. However, there is a silver lining to the misery of paying alimony; alimony is tax deductible to the payor. Alimony also must be reported as taxable income by the ex-spouse who receives it.
As a New Jersey divorce mediator I am always surprised when I meet a couple for the first time and learn just how much they don’t know about using mediation for divorce. I would have thought by now with the large number of websites and blogs dedicated to the topic and the attention divorce mediation has gotten in recent years more people would be familiar with the concept of using mediation for divorce in New Jersey.
What are the major factors that the court takes into consideration when it determines an alimony award? Ability to Pay. The most important consideration when determining a persons alimony obligation is his ability to pay alimony.
There are four different types of alimony in New Jersey, and they are classified as limited duration alimony, rehabilitative alimony, reimbursement alimony and permanent alimony. The primary purpose of alimony is to permit one spouse, typically the spouse with lesser earnings or earning capacity, to continue to live as similar a lifestyle after the divorce as she did during the marriage.
There has been a major drop in the amount of divorce filings all throughout New Jersey. There are many factors why the divorce rates are way down.
If you are getting divorced in New Jersey, then alimony could soon be one of your biggest headaches. There are five types of alimony.
There are four different types of alimony; permanent alimony, rehabilitative alimony, reimbursement alimony, and limited duration alimony. The specifics of each type of exhaustively discussed in my other articles on this website.
Often a spouses lifetime dream of retiring early or changing careers at a certain age is shattered in divorce as a result of an award of alimony under the concept of the marital momentum. This concept has routinely provided a dependent spouse with benefits beyond the filing date of the divorce complaint, on the theory that these benefits were the result of the parties marital efforts that created a potential or momentum beyond the filing date of the divorce complaint.
Determining alimony is a very heated and debated art form. Many people lose their temple and some even pretend to faint when they are told how much alimony they will have to pay. When a court determines alimony it is faced with a very difficult task. Determining alimony is not as easy as it was in the past generations.
I have recently lost my job making a six-figure job on Wall Street. I am now working as a sales rep for a local New Jersey company, and I now only earn $60,000 per year. What are my chances to reduce my $300 per week alimony award if I file a motion to reduce alimony?
If you listen to the news, then you are constantly hearing about how the banks are failing, the stock market has crashed, people have lost one half of their retirement savings, and how the auto industry is dying. However, unfortunately you don’t hear all that often as to how the economic meltdown is wreaking havoc on many New Jersey families.
The Bad Economy is Forcing Many Divorced Spouses to Try to Reduce Their Alimony and Child Support Payments
In this day and age the family courts are swamped with Lepis motions that are requesting to reduce alimony and child support payments. When a couple reaches a divorce agreement, they are hopeful that after many months if not years of fighting, their financial matters have finally been settled.
The major grounds to appeal an alimony award is if the family court does not make any specific findings of fact when awarding alimony. A family court is required to make specific findings of fact and it must also consider all of the factors enumerated in the alimony statute.
I have been married to my husband for eleven years. We are now getting a divorce. The key issue that prevents us from reaching a settlement is the issue of alimony. I am insisting that I receive a permanent alimony award, and my husband insists that I should only receive a term of limited duration alimony. Are my demands reasonable, or should I just settle for limited duration alimony?
The general rule is that the tern of limited duration alimony can not be extended without "unusual circumstances."
Spousal Support (formerly Alimony) is one of the most difficult issues for many divorcing couples to resolve. People who have no trouble putting their children’s interests ahead of their own while developing a parenting plan or reasonably dividing marital assets during equitable distribution can often hit a real roadblock when trying to agree on spousal support.
For many foreigners who seek to obtain permanent U.S. residence through family-based or employment-based applications, the Affidavit of Support INS Form must be filed. This law was implemented in 1996 to further ensure that foreigners likely to become public charges were not admitted to the U.S.
The area of alimony is perhaps the most emotional issue in the field of family law. Under the current status of the law, alimony can only be reduced or terminated if there is a Lepis "change of circumstances."
Sooner or later, most matrimonial practitioners will be presented with a palimony case. To the extent that the current societal pendulum swing is away from traditional notions of marriage, legal and financial disputes between unmarried co-habitants and partners are on the rise. Thus, the probability of your encountering a palimony claim is greater today than it was yesterday.
In some cases if a former wife cohabitates/lives with another companion, this may constitute a "change of circumstances" to justify a change in alimony. If the supported spouse lives with another man, then the court may reduce alimony. However, cohabitation alone is not enough to reduce alimony.
Alimony can be changed. However, it is not easy to convince a court to increase the amount or the length of an alimony award. Alimony only defines spousal support obligations of a spouse in the present. Spousal support duties are always subject to review and a modification under the legal standard of a change of circumstances.
The seminal Lepis case resulted in the development of anti-Lepis clauses in property settlement agreements. These clauses were intended to bar the future modification of alimony. In many cases, the parties will insert a clause in the property settlement agreement that will prevent any modification of alimony even if there is a potential chance of circumstances in the future.
Retirement is a time in a person’s life which many men look forward to. Unfortunately, if a divorced husband has a hefty alimony obligation, then this may throw a "monkey wrench" into his retirement plans. The issue of retirement often comes up frequently when alimony issues arise.
Alimony - which is the periodic payment one spouse might be ordered to pay anther following a divorce - is an old concept. Historically, wives who separate from their husbands for cause (or who were abandoned) could be awarded alimony. The basic assumption of alimony is that the wife lacked the ability to support herself.
Alimony can be changed. However, it is not easy to convince a court to reduce alimony. Alimony only defines spousal support obligations of a spouse in the present.
Alimony is the term that is used for payments that are made by one spouse to the other after a divorce. Alimony is different from the equitable distribution of marital property. Equitable distribution looks in the past at what property the parties acquired during the marriage.
Did you know that there were different types of alimony? In fact, there are four distinct types of alimony that can be awarded pursuant to a divorce. This article is a guide to the types of alimony that can be awarded or agreed upon in New Jersey.
There is a plethora of case law in the area of post judgment termination of alimony. Since time is limited, I can only comment broadly on the topic and outline some of the more important cases.
The Court may revise and alter spousal and child support orders from time to time as circumstances require. Before a court will modify a support amount it must be established that changed circumstances exist.
New Jersey Law previously permitted two types of alimony, permanent and/or rehabilitative. The law has recently changed (September 1999) and the amended statute provides for four types of alimony.
New Jersey permits by statute two types of alimony, permanent and/or rehabilitative alimony. The statutory criteria for an award of alimony consists of many factors which are set forth below.
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
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