Articles
Articles in the ‘Alimony’ Category
Alimony and Child Support-Downward Modification
Thsi case reaffirms the principle that a payor spouse is as much entitled to a reconsideration of the alimony and child support obligation where there has been adverse financial impact on the payor and a significant financial change for the better of the payee. Cantelme, f/k/a Archetti v. Archetti, New Jersey App. Div., April 1, 2011
Alimony and Life Insurance
N.J.S.A. 2A:34-25 empowers a court to order an alimony payor to maintain life insurance to secure payment of the obligation to the payee wherein the payee is designated as the beneficiary of the life insurance policy. Starr. v. Starr, New Jersey App. Div., April 1, 2011
Post Judgment Substantial Financial Changed Circumstance Warrants Hearing
The trial court has available a number of tools to perform equity when dealing with a recalcitrant litigant particularly when confronted with alimony and child support arrears. In this matter the court previously ordered the non-paying former spouse to transfer part of his business to the other spouse and further imposed a restrictive covenant ensuring he would not compete within a 45 mile geographic radius. Subsequent thereto the non-paying spouse sought post judgment Lepis relief due to a dramatic financial reduction to earnings. The trial court denied the request. The Appellate Division reversed finding the proofs presented a prima facie demonstration of changed circumstance notwithstanding the non-paying spouse being $500,000 arrears of his support obligation. Romito v. Romito, New Jersey App. Div., March 29, 2011
Payment of Alimony Arrears
The Appellate Division determined it was error for the trial court to direct payment of the alimony arrears by awarding the obligee spouse the obligor spouse’s pension to be accomplished by QDRO. Both federal and state statutes prohibit the excessive garnishment that took place here. The fact the garnishment was accomplished by QDRO does not excuse the error. The Appellate Division was also critical of the trial court’s sua sponte post judgment award of an asset subject to equitable distribution where there was no provision prejudgment to make such an award. Phillips v. Phillips, New Jersey App. Div., February 14, 2011
Post Judgment Downward Alimony Modification
The husband earned in excess of $1 million per year during the marriage. He agreed to provide the wife with $22,000 per month alimony plus child support. Husband remarried. Thereafter his income experienced a dramatic sustained decline. The Appellate Division reversed the trial court’s ruling denying the husband’s application for support modification and directed the trial court to schedule the matter for a plenary hearing. Goldstein v. Goldstein, New Jersey App. Div., January 18, 2011
Support and Cohabitation
The former husband stopped paying support to the former wife for her and the children. Thereafter she started living with her boyfriend who took on financial responsibility for her and the children. The former husband then moved to terminate alimony due to her alleged cohabitation. The motion was denied. Grace v. Grace, New Jersey App. Div., October 18, 2010
Trust Assets and Alimony
In a decision of first impression the Appellate Division determined assets and income generated by a trust being unavailable for purposes determining an alimony obligation where the financial dependent spouse does not possess control or oversight of the trust. Income generated by the trust paid to the spouse is at the discretion of the trustee. It was error for the trial court to impute income to the dependent spouse for purposes determining her need for alimony. Tannen v. Tannen, N.J. Super. (App. Div. 2010)
Limited Durational Alimony Converted to Permanent Alimony
This case represents a scenerio that there are circumstances where limited durational alimony (LDA) can be converted to permanent alimony. Before the LDA was scheduled to expire the former wife filed a post judgment motion seeking to convert it to permanent alimony to convert it to permanent alimony claiming disability and inability to support herself.
Post Judgment Alimony Reduction
This case represents a multifaceted analysis undertaken by the Appellate Division reversing and remanding to the trial court its determination to imput income to the former husband denying his request to reduce his alimony obligation to his former wife based on substantial financial changed circumstances. The decision incorporates a very good analysis of Miller v. Miller, 160 N.J. 408 (1999) looking to unearned income derived from passive assets to establish financial ability. Walsh v. Walsh, New Jersey App. Div., May 13, 2010
CoHabitation Leads to Alimony Termination
The ex-wife cohabited with an unrelated adult male in violation of the parties’ property settlement agreement. Alimony was terminated. The Appellate Division affirmed the reliance placed by the trial court drawing an adverse inference from the ex-wife’s failure to participate in the proceedings. Kerridge v. Kerridge, New Jersey App. Div., May 10, 2010
