NJSBA Family Law Section

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  • 1.  Lump sum alimony & payments thereon

    Posted 03-16-2013 08:45 PM
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    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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    Attachment(s)

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  • 2.  RE:Lump sum alimony & payments thereon

    Posted 03-17-2013 08:10 PM
    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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