Serving New Jersey Since 1984 Our Location
The Law Office Of Miller & Gaudio PC
Call Us Today. We Can Help. 732-741-6769

Appellate Review of Revised Alimony Statute

In one of the first published decisions specifically analyzing and reviewing the revised Alimony Statute, the Appellate Division had the opportunity to review a trial court's order regarding the statute in conjunction with a parties' request to terminate or modify alimony upon retirement.

The revised Alimony statute clarified the presumptions and burdens upon applications to modify/terminate alimony upon retirement.  More specifically, prior to the revisions going into effect on September 10, 2014, the party seeking to modify their alimony obligation (i.e., the payor) had the burden of proving changed circumstances warranting the modification.  The revised statute shifted the burden to the party opposing the modification by creating a presumption in favor of the retiree to terminate their support obligation--if the support order was drafted and filed subsequent to the date of the enactment of the legislation.  However, if the support order was entered prior to the date of the enactment of the legislation (September 10, 2014) then the presumption did not exist and the burden remains with the party seeking the modification.

In the case at bar, Landers v. Landers, the trial court failed to appropriately apply the revised statute in that it credited the retiree/payor with the presumption of termination when the presumption did not apply since the original support order had been entered prior to the enactment of the legislation.

If you are facing a question as to your rights related to alimony in light of retirement, please call our office today.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Location:
River Run Building
104-110 Maple Avenue
Red Bank, NJ 07701

Phone: 732-741-6769
Fax: 732-747-6016
Red Bank Law Office Map

Firm Numbers: