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Tag Archives: alimony

What To Do Unemployed With An Alimony Obligation

In the state of New Jersey, alimony is governed by statute (N.J.S.A. 2A:34-23). On September 10, 2014, the statute changed, which arguably makes it easier to modify an alimony obligation in the event of unemployment. While a paying spouse could always seek to modify his/her alimony obligation based upon unemployment under the former law, the changes to the alimony stature clarify the time requirements for a modification of alimony.

Under the new stature, a party can file an application for a modification of alimony due to unemployment, but the paying spouse must have been unemployed for 90 days or more before filing that application. There was no such set timeframe in the previous version of the alimony statute. This could make modification applications easier for the paying spouse, as there is now a set timeframe for unemployment. In the past, the paying spouse would have to determine on his/her own whether the period of unemployment was long enough for the Court to grant relief.

Still, under New Jersey case and statutory law, a paying spouse needs to demonstrate more than loss of employment for 90 days. While time of unemployment is a factor under the statute, it is not the only factor that a Court will consider. It is advisable to speak to an experienced family law attorney to discuss the statute and its impact on you. Posted by Robyn E. Ross, Esq.

Retiring Early Following A Divorce

The question of retirement often comes up following a divorce. After paying alimony for a certain period of time, clients often ask if they are permitted to retire and to reduce their alimony obligation. The answer is not always clear cut and is dependent on numerous factors. Retirement does not always leads to an automatic… Continue Reading

Cohabitation Reduction Or Elimitation Of Alimony

One way to modify or terminate your alimony obligation is if the dependent spouse has begun cohabitating with an unrelated individual. The court utilizes a two-part test to determine when a dependent spouse’s cohabitation constitutes “changed circumstances” justifying a downward modification of alimony. First, the payor spouse must make a prima facie showing that the… Continue Reading

How Do I Know If I Am Entitled To Alimony

In the state of New Jersey, alimony is based upon fourteen statutory factors. Specifically, a Court must consider the following: (1) The actual need and ability of the parties to pay; (2) The duration of the marriage or civil union; (3) The age, physical and emotional health of the parties; (4) The standard of living… Continue Reading

What Does The New Alimony Statute Mean For You

Parties divorcing (or considering divorce) in New Jersey are all wondering how the changes to the alimony statute (N.J.S.A. 2A:34-23) in New Jersey affect them. While some speculated that the bill, signed into law by Governor Christopher Christie on September 10, 2014, would end “permanent alimony” and even provide a formula by which alimony would… Continue Reading

The Dangers Of A Default Divorce

Going through a divorce is never easy, especially if you aren’t ready or if your spouse caught you off guard. Many people are under the impression that if they do not consent to the divorce, their spouse will be unable to complete it. So they ignore the court notices and letters they receive and refuse… Continue Reading

Tax Consequences Of Alimony

The general rule is that alimony is tax deductible by the payor and includible as income to the payee. One exception to this rule is if you are paid alimony in a lump sum. If you are paid alimony in a lump sum payment, it means that rather than receiving alimony over a period of… Continue Reading

How Is Child Support Calculated In New Jersey

In New Jersey, child support is calculated pursuant to the New Jersey Child Support Guidelines. The purpose of the New Jersey Child Support Guidelines is to provide the Court with economic information to assist in the establishment and modification of fair and adequate child support awards. See New Jersey Rules of Court, Appendix IX-A. There… Continue Reading

Nj Child Support Alimony And Your Probation Account

Changes are being made to the website and the “probation department” that administers alimony and child support obligations in New Jersey. An informational booklet has now been distributed and may be found here: NJ Child Support Handbook Consult an experienced family law attorney if you require assistance establishing a child support or alimony obligation, or… Continue Reading

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