Question:
I was divorced in April 2004 in N.J. My ex and I had 50/50 custody and she was the parent of primary residence. I was ordered to pay (based on my salary back then) $210.00 a week in child support and $190.00 a week in alimony (alimony for 10 yrs). In 2005 my ex wife signed a notarized letter giving me primary custody and I went to court and had it documented. In our original divorce agreement she was given alimony based on her standard of living during our marriage having the children with her, mind you, she based that on her income of $30,000 a year with a company she has been employed with for 25yrs. I receive $138.00 in child support and $21.00 in parenting time a week, but I have to send her $190.00 a week in alimony. My question is, I went to court to have alimony reduced or terminated based on change of circumstance and I was denied, why? I raise my son and daughter, their mother see's them maybe 6 times a year and never even offers to get the children cloths.
Answer:
Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of New Jersey. The kids do not dictate the alimony issue, although they can be a factor in the consideration. It is based upon her ability to meet her reasonable needs through employment. So, she is still not able to do so in the eyes of the court based upon the denial.