Legal Question in Family Law in New Jersey

Ability To Pay

My wife is on full disability for depression/bipolar disorder. During our marriage I owned a business that she was not an officer of, but was able to write checks on the business account which she did every day for both business and personal needs. Because of her disability, she can only work ''off the books'', or it would impact her disability checks. When she and I agreed to divorce, she got me to sign and notarize an ironclad agreement paying her $900 per month in child support and alimony per month. I did that with the understanding that she would work for my company from home, which would generate $500, and I would pay the other $400. Of course, as soon as the ink was dry, I was served with a restraining order and she of course is not working for the company.

My question is, If there is an ability to pay hearing, am I bound by the signed agreement, or will it be determined by my current income?


Asked on 5/02/03, 11:00 am

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Ability To Pay

The Court generally upholds written agreements between parties. However, if there has been a substantial change in circumstances, the Court may modify such an agreement. The issues are fact specific and I would need more information in order to advise you any further. If you would like to discuss this matter further, please contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

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Answered on 5/02/03, 2:16 pm


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