NJSBA Family Law Section

I represent Husband.  It was a 1 1/2 yr. marriage, Wife making a little more than Husband.  Attorney that prepared the Agreement represented both parties in preparing their Wills and is Wife's father's attorney for years.  Husband signed, without counsel, agreeing to pay $500 per month, permanent alimony.  Wife now filed motion to enforce the alimony (husband is years behind - he doesn't have the money).

Does anyone have pertinent cases to void agreement?  Is there a standard?

Thank you in advance.

Debbie

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Debra Forman Esq.
Lambertville NJ
(609) 397-9333
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How long ago was the agreement signed and is wife's lawyer still around?

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 07-06-2014 21:10
From: Debra Forman
Subject: Voiding an Unconscionable Agreement

I represent Husband.  It was a 1 1/2 yr. marriage, Wife making a little more than Husband.  Attorney that prepared the Agreement represented both parties in preparing their Wills and is Wife's father's attorney for years.  Husband signed, without counsel, agreeing to pay $500 per month, permanent alimony.  Wife now filed motion to enforce the alimony (husband is years behind - he doesn't have the money).

Does anyone have pertinent cases to void agreement?  Is there a standard?

Thank you in advance.

Debbie

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Debra Forman Esq.
Lambertville NJ
(609) 397-9333
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Yes the wife's lawyer is still around & he is representing her in her motion for enforcement. The agreement was signed back in 2011 but he never paid the alimony - he didn't have the money (he is retired & now drives a school bus).

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Debra Forman Esq.
Lambertville NJ
(609) 397-9333
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Original Message:
Sent: 07-07-2014 04:25
From: Curtis Romanowski
Subject: Voiding an Unconscionable Agreement

How long ago was the agreement signed and is wife's lawyer still around?

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


Original Message:
Sent: 07-06-2014 21:10
From: Debra Forman
Subject: Voiding an Unconscionable Agreement

I represent Husband.  It was a 1 1/2 yr. marriage, Wife making a little more than Husband.  Attorney that prepared the Agreement represented both parties in preparing their Wills and is Wife's father's attorney for years.  Husband signed, without counsel, agreeing to pay $500 per month, permanent alimony.  Wife now filed motion to enforce the alimony (husband is years behind - he doesn't have the money).

Does anyone have pertinent cases to void agreement?  Is there a standard?

Thank you in advance.

Debbie

-------------------------------------------
Debra Forman Esq.
Lambertville NJ
(609) 397-9333
-------------------------------------------

Check out

Guglielmo v. Guglielmo, 253 N.J. Super. 531

(App. Div. 1992).  The issue in the case is ED, but it deals with conflict and reforming the agreement.  I haven't had this issue in a couple of years, so I don't know if there is subsequent law affecting the case.

Clara
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Law Office of
Clara S. Licata, Esq.
55 Harristown Rd.
Suite 302
Glen Rock, NJ 07452
201-612-1170
Fax 201-612-1179
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Original Message:
Sent: 07-06-2014 21:10
From: Debra Forman
Subject: Voiding an Unconscionable Agreement

I represent Husband.  It was a 1 1/2 yr. marriage, Wife making a little more than Husband.  Attorney that prepared the Agreement represented both parties in preparing their Wills and is Wife's father's attorney for years.  Husband signed, without counsel, agreeing to pay $500 per month, permanent alimony.  Wife now filed motion to enforce the alimony (husband is years behind - he doesn't have the money).

Does anyone have pertinent cases to void agreement?  Is there a standard?

Thank you in advance.

Debbie

-------------------------------------------
Debra Forman Esq.
Lambertville NJ
(609) 397-9333
-------------------------------------------