The case was then appealed. The Appellate Division affirmed. The court noted that Mr. Donnelly “spent $11,354 per month on his shelter, transportation and personal needs, revealing no effort to modify the lifestyle he enjoyed with his new wife and new child despite the alleged deterioration of his law practice.†Basically, the Appellate Division noted that Mr. Donnelly chose to take on greater financial obligations than would be reasonable if his earnings were steadily dwindling.
In summary, the Donnelly case illustrates how difficult it can be to reduce alimony. If you have a reduction of income, then your CIS and your certification must illustrate that your life style has decreased since the original award of alimony was entered. Here, Mr. Donnelly on established one prong, and that was that his income went down. He failed to prove that he was unable to maintain the same standard of living.
28. I was recently divorced a few years ago back, and was ordered by the judge to pay outrageous alimony ex-wife alimony. Since my divorce, my ex-wife got a new job and she now makes “buku†money. She has also been living with another man for the last few years, and she now tells me that she won’t marry him because it would stop her alimony payments. Life just does not seem fair. Do I have any legal recourse in the court system?
Yes, you certainly do have some legal recourse. An alimony award is not set in stone and it does not necessarily means that it lasts forever, even if it is permanent alimony. Alimony can always be changed due to a change of circumstances of the parties. A substantial increase in earnings of the recipient spouse can reduce the economic need, and thus reduce or even eliminate alimony. The reduction in the ability to pay can also be considered to be a material change of circumstances to justify a reduction or even the termination of alimony. The courts often view retirement as an important factor in any alimony reduction application.
It is very difficult to prevail in a motion to reduce alimony. Alimony  can only be reduced if a  you file a motion for a termination/reduction of alimony. Therefore, you should file your your motion for a reduction as as soon as possible. On the bright side if you file your motion quickly, then a court may reduce your alimony on a retro basis as of the date of the filing of your motion. Unfortunately, until the court decides whether to reduce your alimony, you are still required to continue to make your alimony payments. If the alimony reduction/termination is deemed retroactive, then you may be entitled to receive a refund from your former spouse. However, don’t count your chickens before the are hatched. It will be all but impossible to collect from her. In summary, you have a bona fide motion to reduce alimony based on the grounds that; a) your wife’s income is substantially higher; and b) cohabitation with a male companion.
29. My husband is legally requires to pay alimony to his ex-wife. She is 55 years old and my husband is 72. They have no kids together. We know for a fact that she is living with her first husband, the father of her children. Because she is living with him, does my husband still have to continue to pay alimony?
Yes, alimony can be terminated on the grounds of cohabitation. New Jersey law now permits for or the reduction or termination of alimony if the paying spouse can prove: 1) the former spouse receiving the alimony with a companion; and 2) the recipient spouse spouse is has a dependent relationship with the cohabitant.
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