QUESTION

In New Jersey; can alimony be taken out of unemployment during Covid?

Asked on Aug 20th, 2021 on Divorce - New Jersey
More details to this question:
Alimony was suspended during Covid as per ex wife agreed. Now she wants me to pay the whole amount back to her plus paying weekly now. I don’t have it. My business is t. Ack all the way and it may never come back to what is was when I was ordered to pay her $400 weekly since 2013. If my cars and house are in my NEW wife’s name, can judge force my new wife to sell them to pay for ex’s alimony?
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question.  Suspension of alimony for a period of time is not a termination of your obligation.  Any unpaid alimony during the suspension period  will be added to your arrears balance. You are able to check this balance by logging into your child support account. Typically, repayment of arrears is also paid back weekly by tacking an arrears payment onto your court ordered weekly alimony figure, such as an additional $25 or maybe $100 per week.  The amount of this arrears payment can be addressed with the Court.  Thus, proof of your declining business and income may help to keep the arrears payment manageable.  It is unlikely that the Court will force the sale of your home and vehicles.  I would strongly recommend you consult with an experienced family law attorney to assist with this alimony issue.
Answered on Aug 23rd, 2021 at 9:20 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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The most important question is whether the agreement reached by your ex and you as to the suspension of alimony during the pandemic was contained in a writing or a series of writing, when was alimony to restart and whether you had an obligation to pay back the alimony during the period of suspension. The next question is why is the house, cars, etc in your new wife's name? Is she employed with a separate bank account for her employment income and she is paying for all of the expenses or did she have premarital monies that she used to pay for those items ( which can be traced to her ) or did you put everything in her name to try and protect it from your ex?  If you need to file an applicaiton with the court, you need to prove that you have acted in good faith and provideall of your efforts to work and meet your expenses and your obligation to your ex.  This is when you should sit down with an experienced family law attorney to review your financial setting, empl,oyment history, cash flow and your obligations to your ex to discuss options available to you. 
Answered on Aug 23rd, 2021 at 6:54 AM

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