Legal Question in Family Law in New Jersey
NJ adjusted alimony (lepis), remarrige
receiving spouse ask for increase in alimony increase based on change of circumstances (Lepis), providing spouse is remarried family income ans assets increased significant after marriage.
Does Court take income and assets merged through marriage (provider) into consideration?
2 Answers from Attorneys
Re: NJ adjusted alimony (lepis), remarrige
I agree with Mr. Moore. In addition, you can't consider just one issue when it comes to alimony.
Re: NJ adjusted alimony (lepis), remarrige
I have some difficulty seeing how an increase in the provider's income after divorce could have anything to do with the amount of alimony paid to a former spouse. The dependent spouse is not equitably entitled to share in a former spouse's successful efforts after the divorce; she had nothing to do with the increase in assets or income.
Additionally, if the provider's assets increased due
to a subsequenct marriage the former spouse is not
entitled to share in what the new wife brought into the marriage.
On the other hand, the provider spouse would be entitled to a reduction of alimony if he circumstances deteriorated, financially. I think
some careful research is required.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com