Legal Question in Family Law in New Jersey

my new husband is paying ''permanent alimony'' while his wife is living with her

My husband of 7 months has to pay so much a week permanent alimony to his ex wife. The divorce decree declares it permanent until she remarries or dies but she must notify him if she cohabitates. She moved in with her boyfriend and he is still paying her weekly alimony. If he would have this looked at by family court will they take her boyfriends income into consideration when deciding what amount she is eligible for alimony. I lived with my husband before marriage and have always had to submit my income whenever he went to court for any divorce/support issue. The alimony was given based on **15 years of marriage and what she was use to financially** She works full time in management and makes very good money. He also pays child support for his 3 children from that marriage and she has told him that if he tries to take away her alimony she will just have child support raised.


Asked on 1/31/05, 1:11 pm

1 Answer from Attorneys

Re: my new husband is paying ''permanent alimony'' while his wife is living with

Child support is based on state guidelines and raising or lowering depends on them, not the whim of either party.

As for the Alimony, yes, the live in boyfriend's income (and expectation of contribution to the household) is relevant to te ex-wife's expenses and therefore her "need" for alimony. Your husband should contact the attorney who represented him in the divorce, or other counsel, if he wishes to petition for an adjustment. Shopuld he try to represent himself, as is his right, he will most likely be facing his ex-wife's attorney, who is being paid for by the alimony.

Best of luck

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Answered on 1/31/05, 1:34 pm


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