Articles
Articles in the ‘Support Modification’ Category
New Jersey Post Judgment Support Modification
Post judgment support modification by former husband who, after leaving Goldman Sachs began managing the funds in the parties’ investment account on a full-time basis and, by the time the parties separated in 2000, their portfolio had grown from $800,000 to over $8 million. After separation defendant’s investments faltered and, by 2002, their account balance had fallen to $304. In the meantime the former wife’s income increased substantially. The Appellate Division reversed the trial court’s determination failing to find substantial financial changed circumstances by failing to take the former wife’s income into consideration. Heard v. Dunbar, New Jersey App. Div., January 18, 2013
New Jersey Post Judgment Support Modification
Former husband’s substantial decline in income and coupled with former wife’s ability to earn warranted reversal and remand to the trial court for a plenary hearing. Green v. Greenberg, New Jersey App. Div., January 9, 2013
New Jersey Post Judgment Alimony Reduction
Based on the record established below, the Appellate Division determined that in view of major changes affecting the former husband’s income following the entry of the divorce judgment he was entitled to a hearing as to whether his alimony should be reduced because of a his new employment after a 17 month job search and whether the former wife should contribute to her own support. Austin v. Austin, New Jersey App. Div., December 6, 2012
Income Fluctuation and 3 to 5 Year Income Averaging
In situations where an individual’s income fluctuates the trial court may properly average the individual’s income over a 3-to-5-year period to establish a steady amount for support purposes. Burg v. Burg, New Jersey App. Div., June 8, 2012
Post Judgment Alimony Modification
The Appellate Division determined the former husband may be entitled to a post judgment hearing on the issue whether his alimony obligation to the former wife should be reduced or terminated given her acquiring her mother’s home for $1 and her residence in that same home, along with both her son and her sister. Maybury v. Maybury, New Jersey App. Div., May 25, 2012
Post Judgment Request to Modify/Terminate Alimony
The Appellate Division affirmed the trial court’s determination to deny the former husband’s request to terminate/downward modify his alimony obligation based on the “anti-Lepis” clause contained in the parties’ settlement agreement negotiated in consideration of the former wife waiving her interest in the former husband’s pension. Walkup v. Walkup, New Jersey App. Div., March 29, 2012
Plenary Hearing Warranted to Determine Request for Downward Support Modification
Ronald Villone, Jr., is a former major league baseball player. When the parties were divorced in 2004 he was earning in excess of $1 million per year under the terms of his major league baseball contract. In 2010 his major league playing career came to an end. Villone ended up in the minor leagues and was earning $59,000 under the contract. The Appellate Division reversed the trial court’s decision not to order post judgment discovery and schedule a plenary hearing. Villone, Jr. v. Villone, New Jersey App. Div., February 20, 2012
Downward Modification of Support Obligation
The Appellate Division affirmed the trial court’s finding that the former husband experienced a substantial downward change in his financial circumstances, the change was permanent as opposed to temporary warranting a reduction in support payments. Weiss v. Weiss, New Jersey App. Div., February 10, 2012
