Alimony Modifications

Appellate Division Provides Much Needed Clarity on Alimony Modifications When a Payor Seeks an Early Retirement

Alimony, Divorce

The Appellate Division’s recently published (precedential) decision in Amzler v. Amzler provided much needed clarity on a question of first impression regarding early retirement and related applications to modify or terminate alimony obligations established prior to the 2014 amendments to our alimony statute. Specifically, the Appellate Division was presented with the question of whether N.J.S.A.…

New Appellate Division Decision on Cohabitation Addresses a Payor’s Prima Facie Burden

New Appellate Division Decision on Cohabitation Addresses a Payor’s Prima Facie Burden

Alimony

When is a supported spouse’s proof of a mutually supportive intimate personal relationship with another person enough to overcome the first step in the process towards terminating alimony? In the recently issued unpublished (not precedential) decision of Goethals v. Goethals, the Appellate Division reversed a trial court’s decision finding that the payor failed to fulfill…

Husband Files Motion To Terminate Alimony Under Lepis

Alimony

Beck v. Beck, 239, NJ Super. 183 (1990), is another helpful case to litigants seeking to modify support obligations for change in circumstances under Lepis. In this post-judgment case, the payor Husband filed a motion to terminate alimony due under Lepis. Husband claimed several factors contributed to his change of circumstances: his declining income as…

Stamberg v. Stamberg Sheds More Light on Lepis Claims

Alimony

In Stamberg v Stamberg, the Plaintiff Husband sought a reduction in alimony payments based on the change of circumstances presented by a medical condition which caused him to lose his employment. In submitting his financial information to the court, Husband included his social security income, his disability payments, and his pension payments. Defendant Wife sought…