NJSBA Family Law Section

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Notice to modify alimony?

  • 1.  Notice to modify alimony?

    Posted 02-19-2016 05:43 AM
    Sorry for any duplication.  Here is my question:  N.J.S.A 2a:17-56.23a provides that written notification can be sent 45 days prior to a motion seeking modification of child support and the modification is the date of the letter.  Is there any such statue, rule or case which provides the same benefit for modification of alimony? 
    Thank you, friends!


  • 2.  RE: Notice to modify alimony?

    Posted 02-19-2016 08:16 AM

    "The retroactivity of alimony payments 'is left to the sound discretion of the trial judge.' Walles v. Walles, 295 N.J. Super. 498, 514 (App. Div. 1996). Although N.J.S.A. 2A:17- 56.23a provides that the retroactivity of child support modification is limited to the date the moving party filed the notice of motion, '[t]here is no analogous statutory provision that prohibits retroactive reduction of alimony payments.' Walles, supra, 295 N.J. Super. at 514."

     Gordon v. Gordon, October 3, 2012; http://www.njlawarchive.com/archive/a2858-10.pdf

     

    ------------------------------
    Charles Abut Esq.
    Hackensack NJ
    (201)342-0404



  • 3.  RE: Notice to modify alimony?

    Posted 02-19-2016 08:58 AM
    Thank you Charles.  Very much appreciated!

    Sent from my iPhone





  • 4.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:54 AM
    My pleasure

    Sent from my iPhone





  • 5.  RE: Notice to modify alimony?

    Posted 02-19-2016 08:21 AM

    Lisa

    There is not. 

    The NJ anti-retroactivity statute for child support, including a 45 day window for negotiations upon notice, was passed to satisfy a federal initiative for the states. There was no such alimony initiative, hence no statute. 

    However, the parties are always free to negotiate such a window by written and signed letter agreement, akin to agreeing to an ED cutoff date.  Both are binding once entered.

    If the adversary refuses the concept, then your client has to file the alimony modification motion now.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ






  • 6.  RE: Notice to modify alimony?

    Posted 02-19-2016 08:57 AM
    Thank you.  I did some research and couldn't find anything either.....thanks again for the help!

    Sent from my iPhone





  • 7.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:02 AM
    Hello,

    An issue has come up a couple of times with former clients who have re-married and are having additional children. They are asking if child support can be modified based upon additional Children? While my sense is no, I was wondering if there are any additional insights?

    Thank you.

    Sam Young


    Sent from my iPhone 






  • 8.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:05 AM

    Charlie,

    "Sound judicial discretion" already sounds like my client is at risk. So I am not counting on that in advising my client.

    If we can't negotiate a window of discussion about alimony with adversary counsel, then my client is going to file that alimony modification motion now, or I am sending him/her a CMA letter.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ






  • 9.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:19 AM

    CMA, Hanan? Why a comparative Market Analysis? lol

    I get confused with "ED" also.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585



  • 10.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:21 AM

    Sam

    That issue was resolved legally in NJ long ago. The Child Support Guidelines contain an "other dependent credit" expressly for that reason.

    The "new" thinking (not so new anymore) is that children, whether born to the parties during marriage, or to one of them after the marriage, are equally entitled to financial support from their parents. Therefore, the "after born" children represent an automatic change of circumstances.

    I will leave advice as to calculation of that credit to someone else.

    Hanan







  • 11.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:30 AM
    Thank you.


    Sent from my iPhone 






  • 12.  RE: Notice to modify alimony?

    Posted 02-19-2016 09:37 AM

    Too funny, Curtis J. I will stop there.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ