Based on the two documents, it appears that the parties didn't want to call the monies in question non-deductible alimony, so they called it lump sum and counsel fees. The payments of $100 per week and the consent order combined create this inference as to the parties' intent, in my opinion.
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Gabrielle Strich Esq.
Kingston NJ
(609)924-2900
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Original Message:
Sent: 03-16-2013 20:45
From: David Perry Davis
Subject: Lump sum alimony & payments thereon
Facts:
In 2010, H agrees to pay $27,500 to W. It's contained on a page of a PSA that had "alimony" crossed out, and "lump sum $20,000 + $7,500 counsel fees) hand written in (I'm going to try to attach the single page). Payments are to be made at the rate of $100 per week. Parties have Limited Divorce.
In 2012 (129 weeks later/ $12,900 paid), W signs consent amended judgment converting judgment to absolute divorce and agreeing that "H's alimony obligation shall cease as of W's remarriage on 10/14/2012."
Does H still owe $14,600 remaining on the lump sum? I think the arguments are:
(1) It was a lump sum judgment, as a judgment it was not subject to modification
.... but ...
(2) Was the language in the consent order therefore meaningless?
I don't want to say which side I'm on.... looking for any neutral opinions on this (here or at [email protected]). Any thoughts welcomed.
Thanks,
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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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