Alimony
Here are 25 popular legal documents to understand and know how to prepare when dealing with child alimony in the State of New Jersey, along with relevant case laws and opinions:
1. Complaint for Alimony: The initial document filed by the plaintiff to begin the alimony process, stating the grounds for alimony and relief sought.
– “The complaint in an alimony action must allege facts sufficient to establish the court’s jurisdiction and the plaintiff’s right to relief.” (Lepis v. Lepis, 83 N.J. 139, 145 (1980))
2. Answer to Complaint: The defendant’s response to the complaint, admitting or denying the allegations and raising any defenses or counterclaims.
– “The time to answer a complaint for alimony is 35 days after service of the summons and complaint.” (R. 4:6-1(a))
3. Case Information Statement (CIS): A detailed financial disclosure document required by the court, listing assets, liabilities, income, and expenses of both parties.
– “The Case Information Statement is a critical document in an alimony proceeding, as it provides the court with the financial information necessary to make a determination regarding the amount and duration of alimony.” (Crews v. Crews, 164 N.J. 11, 26 (2000))
4. Alimony Guidelines Worksheet: A standardized form used to calculate the appropriate amount and duration of alimony based on the parties’ incomes and other factors.
– “The New Jersey Alimony Guidelines are used to establish and modify alimony orders.” (R. 5:6B)
5. Alimony Order: A court order establishing the amount, duration, and frequency of alimony payments.
– “The court may order alimony in an amount and duration that is reasonable and just, taking into account all relevant factors.” (N.J.S.A. 2A:34-23(b))
6. Modification of Alimony Order: A court order modifying the terms of a prior alimony order based on a substantial change in circumstances.
– “The party seeking modification of an alimony order must demonstrate a substantial change in circumstances warranting the modification.” (Lepis v. Lepis, 83 N.J. 139, 157 (1980))
7. Termination of Alimony Order: A court order terminating alimony based on the recipient’s remarriage, cohabitation, or other statutory factors.
– “Alimony shall terminate upon the death of either party or the remarriage of the recipient.” (N.J.S.A. 2A:34-25)
8. Enforcement of Alimony Order: A court order enforcing the terms of a prior alimony order, such as compelling payment of alimony arrears.
– “The court has the power to enforce its alimony orders through various means, including wage garnishment, property liens, and incarceration for contempt.” (N.J.S.A. 2A:17-56.67)
9. Certification of Non-Military Service: A document certifying that the defendant is not currently serving in the military, as required by the Servicemembers Civil Relief Act.
– “The Servicemembers Civil Relief Act provides protections to active duty military personnel in civil actions, including alimony proceedings.” (Vargas v. Vargas, 446 N.J. Super. 231, 237 (Ch. Div. 2016))
10. Certification of Cohabitation: A document alleging that the recipient of alimony is cohabiting with another person, which may justify a modification or termination of alimony.
– “Cohabitation by the recipient of alimony may constitute a change in circumstances warranting a modification or termination of alimony.” (Gayet v. Gayet, 92 N.J. 149, 154-55 (1983))
11. Certification of Remarriage: A document alleging that the recipient of alimony has remarried, which terminates the obligation to pay alimony.
– “Remarriage of the recipient of alimony terminates the obligation to pay alimony, unless the parties have agreed otherwise in writing.” (N.J.S.A. 2A:34-25)
12. Certification of Changed Circumstances: A document alleging a substantial change in circumstances, such as a change in income or employment status, which may justify a modification of alimony.
– “A substantial change in circumstances, such as a change in income or employment status, may warrant a modification of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
13. Certification of Income and Expenses: A document detailing a party’s current income and expenses, which may be used to support a request for modification of alimony.
– “A party seeking modification of alimony must provide the court with a current and complete disclosure of their income and expenses.” (Lepis v. Lepis, 83 N.J. 139, 157 (1980))
14. Certification of Employment Search: A document detailing a party’s efforts to find employment or increase their income, which may be used to oppose a request for modification of alimony.
– “A party opposing modification of alimony may provide evidence of their efforts to find employment or increase their income, to demonstrate that they are still in need of alimony.” (Lepis v. Lepis, 83 N.J. 139, 157 (1980))
15. Certification of Health: A document detailing a party’s medical condition and its impact on their ability to work and earn income, which may be used to support or oppose a request for modification of alimony.
– “A party’s medical condition and its impact on their ability to work and earn income may be relevant factors in determining whether to modify alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
16. Certification of Retirement: A document alleging that the payor of alimony has retired, which may justify a modification or termination of alimony.
– “Retirement of the payor of alimony may constitute a change in circumstances warranting a modification or termination of alimony.” (Landers v. Landers, 444 N.J. Super. 315, 324 (App. Div. 2016))
17. Certification of Unemployment: A document alleging that the payor of alimony has become unemployed, which may justify a temporary modification or suspension of alimony.
– “Unemployment of the payor of alimony may constitute a change in circumstances warranting a temporary modification or suspension of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
18. Certification of Disability: A document alleging that the payor of alimony has become disabled, which may justify a modification or termination of alimony.
– “Disability of the payor of alimony may constitute a change in circumstances warranting a modification or termination of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
19. Certification of Increased Expenses: A document alleging that the payor of alimony has experienced a substantial increase in expenses, which may justify a modification of alimony.
– “A substantial increase in expenses, such as medical expenses or college tuition for a child, may constitute a change in circumstances warranting a modification of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
20. Certification of Decreased Expenses: A document alleging that the recipient of alimony has experienced a substantial decrease in expenses, which may justify a modification or termination of alimony.
– “A substantial decrease in expenses, such as the emancipation of a child or the payoff of a mortgage, may constitute a change in circumstances warranting a modification or termination of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
21. Certification of Increased Income: A document alleging that the recipient of alimony has experienced a substantial increase in income, which may justify a modification or termination of alimony.
– “A substantial increase in income by the recipient of alimony may constitute a change in circumstances warranting a modification or termination of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
22. Certification of Decreased Income: A document alleging that the payor of alimony has experienced a substantial decrease in income, which may justify a modification of alimony.
– “A substantial decrease in income by the payor of alimony may constitute a change in circumstances warranting a modification of alimony.” (Lepis v. Lepis, 83 N.J. 139, 151 (1980))
23. Certification of Emancipation: A document alleging that a child has become emancipated, which may justify a modification or termination of child support and/or alimony.
– “Emancipation of a child may constitute a change in circumstances warranting a modification or termination of child support and/or alimony.” (Dolce v. Dolce, 383 N.J. Super. 11, 18 (App. Div. 2006))
24. Certification of College Expenses: A document detailing a child’s college expenses, which may be used to support a request for modification of alimony to contribute to those expenses.
– “The court may require a parent to contribute to a child’s college expenses, taking into account the relevant factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1982).” (Gac v. Gac, 186 N.J. 535, 543 (2006))
25. Certification of Alimony Payments: A document detailing the amount and frequency of alimony payments made by the payor, which may be used to oppose a claim of non-payment or arrears.
– “The payor of alimony may provide evidence of the amount and frequency of payments made, to demonstrate compliance with the alimony order and to oppose a claim of non-payment or arrears.” (N.J.S.A. 2A:17-56.23a)
These legal documents and associated case laws and opinions provide a foundation for understanding the child alimony process in the State of New Jersey. It is important to consult with an experienced family law attorney to ensure that all necessary documents are properly prepared and filed in accordance with applicable…