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NJ Divorce and Alimony Modification or Termination

Feb 12, 2017 @ 03:00 PM — by Michael Green

In 2014, the State of New Jersey amended its alimony statute that made more clear when alimony may be modified or terminated.  As a result, alimony modification and termination motions made postjudgment have become more frequent and the New Jersey State Family Courts have in turn created a more defined process as to how they will deal with them.  It is likely that any postjugment motion will be pushed to a plenary hearing, a mini-trial of sorts where the parties present evidence and give testimony.  

If you have questions regarding alimony termination or modification, from the obligor or obligee perspective, please call Green & Associates at 732-390-0480 or 201-242-1119 to speak with our experienced NJ divorce lawyer.  We offer free consultations and appointments at night and on weekends for your convenience in our two offices in East Brunswick and Fort Lee.

Prior to the plenary hearing, the parties will engage in discovery that has been scheduled by the Court. 

 

 

Calculating a Term of New Jersey Alimony in a New Jersey Divorce

Nov 13, 2016 @ 05:00 PM — by Michael Green

CALCULATING THE TERM OF NEW JERSEY ALIMONY IN A NEW JERSEY DIVORCE

If you need help calculating the term of alimony in your New Jersey divorce case, call us at Green & Associates, at 732-390-0480 or 201-242-1119 for a free consultation in our East Brunswick divorce or Fort Lee divorce offices with our experienced New Jersey divorce lawyer.  Night and weekend appointments are available.

Image result for alimony On September 10, 2014, New Jersey’s alimony statute, N.J.S.A.2A:34-23, was amended and it specifically addressed how calculations of how much alimony and the term of alimony were to be determined with divorces in New Jersey going forward. 

Most recently, the New Jersey Supreme Court reviewed the New Jersey alimony statute as to determining the amount of of alimony to be paid.  When determining the amount of an award, the Court stated that a court must evaluate the actual needs of the dependent party and the actual means of the other party. 

 

Calculating Alimony in a New Jersey Uncontested Divorce

Nov 6, 2016 @ 12:00 PM — by Michael Green

Calculating Alimony in a New Jersey Uncontested Divorce

Parties that wish to agree upon terms for a NJ divorce, if there is a large disparity or difference in income, will have to determine what, if any, alimony will be paid and how much will be paid by one party to the other.

 

Generally, there are two types of ways of determining the amount of alimony to be paid that are used by the Courts and matrimonial attorneys:

•    Rule of thumb – one third the difference of the income of the parties.
•    Statutory Factors and Needs analysis – based on N.J.S.A. 2A:34-23 (2014) and previously based on a Crews v. Crews (2000) analysis of the standard of living during the marriage.

The one-third the difference of income rule has been informally used in the New Jersey Family Law Courts in this manner, by way of example, 

 

 

Divorce and Mediation as a Tool for Settlement

May 31, 2016 @ 11:37 AM — by Michael Green

The process of a divorce may have mediation as part of it in many ways.  Parenting time and custody mediation is first done in the courts for free for the parties early on in any divorce case that is filed in an attempt to remove those issues from any divorce litigation and to isolate out the economic issues from the custody issues, either of which may bog down any divorce litigation.  If the parties can come to an agreement in custody mediation, they may memorialize it in a consent order in the case.  Thereafter, only the economic issues may have to be litigated.  Later in the case, the parties are court ordered to economic mediation where they have to pay a court appointed mediator to mediate only the economic issues of their case.  Mediation may also be used in the beginning of the case by the parties in an effort to develop an MOU.

Postjudgment Divorce Motions for Auditing Child Support, Alimony and other Expenses

Apr 27, 2016 @ 02:18 PM — by Michael Green

If you have been divorced and after some amount of time, you and your spouse may have payments to each other for child support, alimony and other shared expenses for the children such as work-related childcare.  If you have a dispute regarding these items and the amounts paid and when they were paid, you may require a motion to be filed to resolve these issues.  Such an accounting of these items can be an exhaustive process, with both parties submitting proofs that seemingly contradict each other.  If you have to file such a postjudgment motion, please call us at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee Offices to schedule a free consultation with our NJ divorce lawyer or NJ divorce attorney, Michael S. Green.  His years of experience with such motions will assist you in your filing. Call us today!

Divorce and the Methods for Paying Child Support and Alimony

Apr 21, 2016 @ 10:50 AM — by Michael Green

Child Support and Alimony in divorce are generally court ordered to be paid, thereafter, as to how it is paid depends on the agreement of the parties or the order of the court.  It may be paid through the courts' probation department, an agency that handles the payments of child support and alimony.  Alternatively, it may be paid direct from one party to the other.  There are a variety of reasons for each method of payment.  If someone does not have a job where garnishment may occur, direct pay may be a better choice, or alternatively, the payor may pay direct to probation.  Those that are self-employed often wish to pay direct as cash flow in their business may be up and down, or they do not collect pay checks but distributions from their business on a regular basis.  Whatever your payment concerns as to child support or alimony, please call us at 732-390-0480 or 201-242-1119 for a free consultation as to your divorce. 

Divorce and Temporary Disability, Permanent Disability and Spousal Support or Alimony.

Mar 29, 2016 @ 05:15 PM — by Michael Green

Divorce and Disability.  Very often in cases individuals have had a medical problem or injury at work where they are temporarily or permanently disabled.  It is important that if they are going to be divorced that they have proof of disability whether it be temporary or permanent so that the parties may be able to determine issues of spousal support and other issues such as child custody and child support where the disability and the income being received impacts the overall settlement.  If there is temporary disability, the parties will have to in any matrimonial settlement agreement have a clause that deals with the alternatives depending on whether or not the disability becomes permanent or for how long the disability lasts.  If it is permanent disability proofs of being categorized as permanently disabled will have to be obtained for the other side. 

Divorce and Claiming Cash Income for Purposes of Alimony and Support Calculations, The Implications

Mar 5, 2016 @ 01:02 PM — by Michael Green

If you or your spouse wishes to allege that the other has had a significant amount of income through cash that has not been claimed over the years, in a number of ways, it can affect the outcome of your divorce.  First, and most importantly, if you have both filed your income taxes jointly and have not claimed this income, you are both subject to potential issues with the court upon filing your divorce complaint.  There are what they generally call, "Sheridan" issues, meaning pursuant to certain case law, both parties may be liable with the IRS for unclaimed cash income regardless of which party earned the income, as both parties verified that their income taxes were correct upon filing. If you have not filed jointly, then one spouse may be able to claim they were an innocent spouse as regards to the unclaimed cash income.  

PostJudgment Motions - Modifications of Alimony, Child Support, Child Custody, College Tuition, College Expenses

Jan 8, 2016 @ 09:20 AM — by Michael Green

PostJudgment Motions - Modifications of Alimony, Child Support, Child Custody, College Tuition, College Expenses.  At Green & Associates, in East Brunswick and Fort Lee, we are a full divorce law and family law practice that can assist you with your postjudgment motions after a divorce such as motions for modification of alimony, modification of child support, modification of child custody, request for college tuition, request for college expenses.  As a divorce lawyer and a divorce attorney, Michael S. Green has many years of experience with many hundreds of divorce cases to handle the needs of your next motion in a divorce case.  Whether you are seeking a divorce that is an uncontested divorce or a contested divorce,

Family and Starting Off the New Year Right With A Free Consultation with a Family Lawyer!

Dec 15, 2015 @ 06:50 PM — by Michael Green

The New Year is fast approaching, what does it mean to you as regards your relationships, your family and your future.  What kind of New Year do you want to have.  Often these are the kind of questions people ask themselves as another year comes to pass.  What changes do you want to make, what decisions do you have to finally make, where do you see yourself in the next year.  Will you change your relationships, make changes as to your employment, make a conscious decision to try to live life happier, in a better state of mind.  If you want to evaluate your relationships, your family, your employment, where you live, where you are going, you may wish to seek advice of professionals.  It may include speaking with a family lawyer as well, there may be issues regarding a past divorce, children that are going to college, emancipation of children, modification or termination of alimony,