NJSBA Family Law Section

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  • 1.  Expert on potential earnings-Salem County

    Posted 04-24-2014 09:38 AM
    I have a client with a substantial alimony obligation. He was recently laid 
    off from the job of a lifetime. Based upon his education and experience he can expect to get a job at 50%- 60% of his former pay. Does anyone have the name of an expert in Southern NJ?
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    Gary Salber Esq.
    Pennsville NJ
    (856)935-1995

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  • 2.  RE:Expert on potential earnings-Salem County

    Posted 04-24-2014 09:58 AM
    Lynn Levine, Ed.D. (856) 354-0330
    [email protected]
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    Gary L. Borger, Esquire
    BorgerMatez
    1415 Marlton Pike (Route 70) East
    Suite 305
    Cherry Hill, NJ 08034-2210
    (856) 424-3444
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    Original Message


  • 3.  RE:Expert on potential earnings-Salem County

    Posted 04-24-2014 10:59 AM
    You're jumping the gun by looking for an expert at this point.  The immediate task for your client is to document, document, document his job search efforts in line with his previous employment.  Do NOT have him rely on internet searches / monster-com websites alone (although he should do so as a part of the process).  He needs to additionally reach out to headhunters, colleagues, review trade publications, and pro-actively approach companies that might be able to employ him at his previous level.  Quantity as well as quality counts.  If he has no luck after 3-4 months, file your Lepis motion.  Always, always include "...in the alternative, ordering discovery and a plenary hearing as to this relief."  If you don't I've seen the app div say more than once that the movant didn't make the case for a reduction by the documents submitted with the motion and couldn't raise the failure of the trial court to order a plenary hearing since one was never requested below.

    The first motion will often be denied (but not always).  If still no success in finding something after another couple of months (5-6), file again.  I'd look toward an expert to support a second application and to be available to testify at a hearing.

    Note that there is a statute pending that would legislate that 6 months would presumptively meet the standard for a change in circumstances and support adjustment.  Whether that's a good idea is debatable - it should be a different period of time for, for example, a specialized mechanic who now has to work in a garage vs an upper level executive where the job search process may traditionally be longer.

    Oh, and before the litigation ship sails.... I always reach out first and see if a deal can be reached.  The other side may be reasonable and willing to discuss a resolution of some kind to avoid the court fight (try to find a creative resolution, depending on your facts).


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    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