NJSBA Family Law Section

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  • 1.  Application for Child Support and Alimony upon Death of Former Spouse

    Posted 11-30-2017 01:16 PM
    Hello List mates-

    Here are the facts:

    PSA provides for husband to pay alimony and child support which terminates upon his death.  PSA also provides for husband to obtain life insurance to pay for alimony and child support upon his death.  Husband  does not obtain life insurance as required,  then dies.  Wife and child have a lien against estate for support, but are in immediate need of funds.  Can an emergent application be made requiring the estate to immediately comply with the alimony and child support obligations in the PSA? If so, would anyone have a copy of such application?


    Thank you

    ------------------------------
    Patricia A. Carragher, Esq.
    Patricia A. Carragher, LLC
    308 Route 206
    Hillsborough, New Jersey 08844
    (908) 874-6242
    ------------------------------


  • 2.  RE: Application for Child Support and Alimony upon Death of Former Spouse

    Posted 11-30-2017 02:16 PM
    Any chance someone has a Toughy request sample that they are willing to share for an employment case?

    Thanks,
    Marcia

    Gabrielle L. Strich, Esq.
    Marcia N. Leach, Esq.
    Diane Maurin
    Vickie Bilinski

    STRICH LAW FIRM, P.C.
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  • 3.  RE: Application for Child Support and Alimony upon Death of Former Spouse

    Posted 11-30-2017 02:57 PM

    you file for the life insurance funds.  the estate is liable for the amount of coverage provided in the PSA and was not maintianed by the decedent.  Highly unlikely that a chancery court will require the estate to pay.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

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  • 4.  RE: Application for Child Support and Alimony upon Death of Former Spouse

    Posted 11-30-2017 03:28 PM

    You may want to check out Kiken v. Kiken, 694 A.2d 557, 149 N.J. 441 (N.J., 1997)

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

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    (732) 972-1600
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    E-mail: [email protected]

     

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  • 5.  RE: Application for Child Support and Alimony upon Death of Former Spouse

    Posted 11-30-2017 04:19 PM

    Has to be done in probate.

     

    Lawrence D. Forster
    Forster Arbore Velez

    Attorneys at Law
    Tel: (973) 584-1501
    Fax: (973) 584-3150

    www.forsterarbore.com

     

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