Alimony & Spousal Support

INVOLUNTARY LOSS OF EMPLOYMENT AND CONCOMMITANT EARNING CAPACITY WAS A POSSIBLE CHANGED CIRCUMSTANCE TO DECREASE ALIMONY AND CHILD SUPPORT OBLIGATIONS

In the post judgment family law, alimony and child support case of Klemash vs. Klemash, 20-2-9830, NJ. App. Div., the defendant appealed to the Family Part order denying his motion to reduce or terminate his alimony and child support obligations based on changed circumstances, and his motion for reconsideration.  The panel reversed and remanded for further proceeding. It concluded that the court erred in rejecting the defendant claim that involuntary loss of employment and concomitant decreased earning capacity was a possible change circumstance requiring plenary on his motion for reduction in alimony and child support, finding that N.J.S.A. 2A; hearing 34-23(k) expressly barred the court’s singular reliance upon length of defendant’s period of involuntary unemployment and reduction of income as a basis for the denial of defendant’s motion. The court also erred in failing to compare the parties’ financial circumstances at the time of the initial support order was entered with the circumstances presented by the defendant in his modification motion. Further the court did not make any findings concerning the circumstances it relied upon as the basis for the alimony and child support awards and whether those circumstances had changed. The panel added that on remand, the court had to consider and make findings in accordance with Rule 1:7-4 concerning defendant’s assertion that he was entitled to modification of his alimony obligation based on plaintiff’s cohabitation with her boyfriend.

Reference: Case & Analysis, New Jersey Law Journal, 222 N.J.L.J. 2399 (August 3, 2016)

Filed Under:  Family Law, Alimony/Child Support, Modification, Change of Circumstances

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