Alimony & Spousal Support

Father’s Failed Business Is A Significant Change Of Circumstances Necessitating A Review Of Alimony And Child Support

In the New Jersey alimony and child support case of D’Alessandro v. D’Alessandro, 20-2-4388, App. Div., the plaintiff appeals the order reducing defendant’s alimony and child support obligations. The panel affirms, finding that defendant appropriately took action to try to save his business, maintain his income, and avoid bankruptcy, including reducing his businesses work force, and when those efforts proved inadequate, seeking additional capital through merger, and that those actions diminished his ownership share in the larger merged company and were ultimately unsuccessful in restoring his income did not make his reduction in income voluntary. This is one of the Circumstances Necessitating A Review Alimony Child Support.

The panel found that defendant had demonstrated that his reduction in income was not merely temporary and that the reduction satisfactorily demonstrated a significant change of circumstances necessitating a review of alimony and child support obligations.

Reference: Case & Analysis, New Jersey Law Journal, 217 N.J.L.J. 38, (July 7, 2014)

Filed Under: Alimony, Child support, Family Law, Change of Circumstances

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