Legal Question in Family Law in New Jersey

Alimony and Child support issues

I have an apartment in NY and my fiancee has a home in NJ. We are both divorced and each have two children. Her ex just stopped paying alimony w/o going through the court or giving any notice. He has a 12 year alimony obligation but has only paid for 2 years so far. I stay with my fiancee most nights. Can alimony be stopped w/o going through court or can her ex just have alimony ''ajusted'' using the proper channels? I have read their divoce agreement and it doesn't mention anything about alimony being stopped for co-habitation or remarriage. It just says he shall pay alimony for a period of 12 years. Also, if alimony is adjusted or ended, doesn't child support increase proportionately? He makes about $100,000/yr and only pays $860 child suppport and was paying $800 in Alimony. I make less money and pay $1200/mo in child support alone!


Asked on 9/22/02, 1:23 pm

1 Answer from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Alimony and Child support issues

Thank you for your inquiry.

The ex-husband has absolutely no right to unilaterally terminate alimony payments without first making an application to the Court. Moreover, if he were to go to Court regarding the alleged "cohabitation," I believe that I would be able to protect the alimony, based upon the facts that you present.

It would be my pleasure to speak to you about your fiance's situation. Accordingly, please feel free to contact my office at 732 246 0909 to discuss further.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 9/22/02, 1:29 pm


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