NJSBA Family Law Section

Hi List Mates,

My client is from a South American country.  He married a US Citizen and NJ resident about 26 years ago.  Husband is 52 and Wife is 50 years old.  They have three children, two emancipated.

Husband has dual citizenship.  Parties got married in the US and then registered the marriage in the South American country. 

Husband had a job with a US corporation making about $300K with bonus for years 2008-2010, but was terminated in March 2011.  He looked for a job but could not find one.  Husband did get a temporary job as a consultant for significantly less monies than his prior job.

In 2012, the parties purchased a modest apartment in the South American country and H lives there now.

In 2012, the parties sold their marital home and downsized to a smaller home with no mortgage. Only W lives in that home.

Husband invested in auto parts business in his South American country that wasn't doing well.  He bought out the other partners and has been managing it with his oldest daughter since 2013.  His income in 2013 from the auto parts business was about $40K. His sole source of income in the last 18 months has been from the South American country. In my opinion, in NJ, H would be at substantial risk for imputed income for alimony purposes since he is stopped looking for an equivalent job by 2013, although there are arguments to be made to the contrary.

H files taxes in the South American country as a resident and citizen but is also obligated to file taxes in the US.  He is specifying on the 2013 taxes that he is not a resident of NJ. H was in the South American country for more than 180 days in 2013 and will be there for most of the time in 2014.

South American law is very different on alimony than NJ.  My research indicates that it is discretionary as to whether a decree from another country will be afforded comity. Factors:  ample opportunity for litigation, citizenship of the parties, offensiveness to NJ public policy, must receive notice and other aspects of due process. H can file in South America and serve W through State Dept., but will the financial terms of the divorce be enforced in NJ?  Any thoughts?

Hi List Mates,

My client is from a South American country.  He married a US Citizen and NJ resident about 26 years ago.  Husband is 52 and Wife is 50 years old.  They have three children, two emancipated.

Husband has dual citizenship.  Parties got married in the US and then registered the marriage in the South American country. 

Husband had a job with a US corporation making about $300K with bonus for years 2008-2010, but was terminated in March 2011.  He looked for a job but could not find one.  Husband did get a temporary job as a consultant for significantly less monies than his prior job.

In 2012, the parties purchased a modest apartment in the South American country and H lives there now.

In 2012, the parties sold their marital home and downsized to a smaller home with no mortgage. Only W lives in that home.

Husband invested in auto parts business in his South American country that wasn't doing well.  He bought out the other partners and has been managing it with his oldest daughter since 2013.  His income in 2013 from the auto parts business was about $40K. His sole source of income in the last 18 months has been from the South American country. In my opinion, in NJ, H would be at substantial risk for imputed income for alimony purposes since he is stopped looking for an equivalent job by 2013, although there are arguments to be made to the contrary.

H files taxes in the South American country as a resident and citizen but is also obligated to file taxes in the US.  He is specifying on the 2013 taxes that he is not a resident of NJ. H was in the South American country for more than 180 days in 2013 and will be there for most of the time in 2014.

South American law is very different on alimony than NJ.  My research indicates that it is discretionary as to whether a decree from another country will be afforded comity. Factors:  ample opportunity for litigation, citizenship of the parties, offensiveness to NJ public policy, must receive notice and other aspects of due process. H can file in South America and serve W through State Dept., but will the financial terms of the divorce be enforced in NJ?  Any thoughts?