Legal Question in Family Law in New Jersey

Re: Alimony

If probation is sending "IT" to court that means that your ex is paying via probation.

Unilateral self-help by a litigant is frowned upon by the courts and your ex would be in violation of litigant's rights if he just unilaterally decided without asking the court via a motion for reduction, for example, that you no longer need the same amount of money. A court needs to decide thate based upon the so-called Lepis factors to determine if, in essence, living with your ailing father is a substantial change in circumstances. You seem to say that he has made this decision unilaterally without going to court. You should be entitled to legal fees via COURT RULE for having to file a motion to enforce litigant's rights.

The length of time it takes to issue a bench warrant presumes that the ex will not answer the violation application to the court for enforcement probation that filed There is usually a motion before a judge or a conference with a Probation Hearing Officer before the warrant. Bench warrants are not necessarily automatic unless there is an existing order for one upon missing X number of payments. Since lawyers do not usually work with cases that are being pursued by the probation department, your best answer might come from the probation officer in charge of your account.

This matter seems to be headed for court ultimately as there is obviously some hostility for someone to excercise self-help as your ex is doing.

Property Settlement Agreements are often more detailed than court orders and if you traded an interest in his medical practice for permanent alimony depending on hoe the agreement was drafted, the substantial change in circumstance argument may be less applicable.

Alimony for a payor earning $350,000 annually, $500 weekly is not onerous and seems low also. You cannot possibly be exisiting at the same level or standard of living that subsisted during the marriage---but are there other trade offs such as a larger share of the assets?

This trade-off would seem less likely if you sacrficed a share in a medical practice that was obtained during 25 years of marriage. There is a presumption under the law in NJ governing alim,ony and support that both spouses contributed to the acquistion of marital assets and income. Was the practice a pre-marital asset? These are the types of questions we have to answer to provide better answers.

The PSA needs to be reviewed in its entirety by a qualified attorney to ascertain that point. However, the only question you are outright asking is how long it takes to isuue a bench warrant. If there is no prior history of non-compliance generally it takes longer. One can only answer in generalities, when faced with a general question.

Best of luck. Let me know how things are going and how it takes to get the bench warrant if you get it.

Re: Alimony

There are changed circumstances and I am sure he has a good attorney. He may not be able to eliminate his obligation, but he could probably reduce it. Your biggest problem is that it seems like you are gonna do this without an attorney which is not a good idea.

$60,000 for a divorce is pretty crazy. I handle some big cases, but even most of my cases are done with for less than 1/10th of that!

My initial consultations are always free, so feel free to call me at any time.

Re: Alimony

To get what you have coming to you you are going to hire an attorney or just give up.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com