NJSBA Family Law Section

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  • 1.  alimony offset

    Posted 09-26-2013 11:27 AM
    I have a case in which the husband, a police officer is not entitled to social security when he retires. However, the wife, upon retirement will be receive social security.  Trying to account for an offset for the husband's lack of social security when calculating his alimony obligation.  any suggestions???

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    Doreen Neggia Esq
    Associate
    Lake Hopatcong NJ
    (973)663-5595

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  • 2.  RE:alimony offset

    Posted 10-03-2013 05:31 PM


    Cops don't pay into Social Security because they are covered by the PFRS retirement system / pension.  I've seen two judges reconsider a CS guidelines award because they erroneously included the SS deductions that the software assumes is appropriate.

    There's no trade-off, though, beyond the equitable distribution that I'm aware of.  Keep in mind that the share of his pension she'll receive will be much higher than an average pension pays.  Remember also that the SS he receives doesn't lower the amount that she receives.


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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Original Message


  • 3.  RE:alimony offset

    Posted 10-04-2013 12:44 PM
    Cops get next to nothing from Social Security, usually about $100 per month, irrespective of other jobs they had or if they claim under their own spouse's earnings. I believe there is a case that talks about the need to consider this when distributing the pension, but I don't recall the name.

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    Arlene Albino Esq.
    Sparta NJ
    (973)729-3888

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    Original Message