NJSBA Family Law Section

We have a client that is divorced in NJ.  She receives alimony, child support and she is due to receive 50% of sale proceeds of the house.  Ex-husband is moving to Lebanon and he has already shipped many of his belongings overseas.  How do we secure his financial obligations in the NJ?  Can we seek an Order requiring him to give a bond?

Thanks.

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Stefanie C. Gagliardi, Esq.
Of Counsel
Martin&Tune
One Old Highway 28
Whitehouse, NJ 08888
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Yes - the statute empowers the court to create trusts to ensure the payment of support obligations.  Obviously, we don't know if the move to Lebanon was accompanied by threats not to pay or if there are other reasons for concern, but the general idea of the creation of trusts (or constructive trust, etc) is solid.

"make such order as to the alimony or maintenance of the parties, and also as to the ... maintenance of the children, ... as the circumstances of the parties and the nature of the case shall render fit, reasonable and just,including, but not limited to, the creation of trusts or other securitydevices...."

[N.J.S.A. 2A:34-23; see also Jacobitti v. Jacobitti, 135 N.J. 571, 580 (1994).]

Also review Burns v. Burns ( http://scholar.google.com/scholar_case?case=11945049303731060830 ) and cases citing it.

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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
www.FamilyLawNJ.pro 
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Thank you.

Sent from my iPhone


Original Message------

Yes - the statute empowers the court to create trusts to ensure the payment of support obligations.  Obviously, we don't know if the move to Lebanon was accompanied by threats not to pay or if there are other reasons for concern, but the general idea of the creation of trusts (or constructive trust, etc) is solid.

"make such order as to the alimony or maintenance of the parties, and also as to the ... maintenance of the children, ... as the circumstances of the parties and the nature of the case shall render fit, reasonable and just,including, but not limited to, the creation of trusts or other securitydevices...."

[N.J.S.A. 2A:34-23; see also Jacobitti v. Jacobitti, 135 N.J. 571, 580 (1994).]

Also review Burns v. Burns ( http://scholar.google.com/scholar_case?case=11945049303731060830 ) and cases citing it.

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