Legal Question in Family Law in New Jersey
Allocation of alimony and child support
Summary: My husband has been paying ex-wife an amount, which was verbally agreed to, however not written in contract. Ex-wife reneged on verbal agreement and wants the alleged arrears. Her lawyer claims it is alimony he has been paying and not a dime of child support, however, it was understood between the two that it was child support he was paying, and he didn't have to pay alimony (since she was cohabitating, and was living in a standard way above the standard of their marriage).
Question: Is his ex-wife and her attorney allowed to claim that this was actually alimony and not child support? I thought that a parent was not allowed to waive child support. How would the allocation of the money be legally confirmed as alimony? I could not find such a statue or case law regarding this particular question.
2 Answers from Attorneys
Re: Allocation of alimony and child support
I am somewhat puzzled. Apparently, there is a divorce. This means that the judgment of divorce should provide for child support and speak on alimony. If the judgment of divorce does not provide for alimony then it is waived by both parties.
I need to talk with you to give reliable advice. Please call me so that we can discuss the divorce and/or make an appointment for a consultation where you bring in the judgment of divorce.
Gary Moore, Esquire
Hackensack, New Jerseyu
800 273 7933
www.garymooreattorneyatlaw.com
Re: Allocation of alimony and child support
Ex-Wife and her attorney can claim anything they want. Whether or not they will be successful in that claim in Court is questionable. Initially, it would be very difficult for them to maintain that position if the money paid over the years was not claimed as income to her because alimony is income to the person getting it and there is a requirement that it be claimed as income on a tax return. The bottom line is that a Court would need to determine this issue once brought before it by way of Motion. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact a New Jersey attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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