Assuming the payor is non-self-employed, then the ten factors in N.J.S.A.
2A:34-23(k) apply. None of these require the court to consider a new
spouse's income since it should not be their responsibility to support a
child or spouse from another marriage. However, when filing a Lepis motion
on behalf of a payor, factors seven and ten seem particularly applicable
when a party remarries. Factor seven, "[a]*ny changes in the respective
financial circumstances of the parties that have occurred since the date of
the order from which modification is sought*", provides the court with a
roundabout method for including a new spouse's income. This factor allows
the court to make reasonable allocations for fixed expenses when, for
example, either party remarries. Since the touchstone of support awards is
generally the standard of living during the marriage, the economic relief a
new spouse provides a payor may lead to a change in circumstances in favor
of the payee. In my opinion, this circumvents omitting a new spouse's
income from the equation because, in a good marriage, the economic health
of one spouse affects the other. The tenth factor, preserves the court's
leeway for a shake 'n bake analysis. You also might find it helpful to
review *Walton v. Visgil*, 248 N.J. Super. 642 (1991) before deciding what
the CIS should include. Hope this helps.
--
William N. Sosis, Esq.
Sosis Law, LLC
200 Passaic Street, Suite 3
Hackensack, NJ 07601
Web:
www.sosislaw.comE-mail:
[email protected]Tel: 201-755-1355
Fax: 201-781-7855
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Original Message------
This message has been cross posted to the following Discussions: Solo and Small Firm and Family Law .
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I am in the process of filing a Lepis application and have some questions. First the payor is remarried. I assume the new wifes' income does not play a part . ON the CIS do I just show his income and his investment income. On tax returns do I have a pro forma return prepared by his accountant separating out his income and/or investments. Any help would be appreciated.
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Larry Raiken Esq.
Montville NJ
(973) 808-2003
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