what factors icourt consider in alimony

[lilyjohn]

What is the name of your state? NJ
Length of marriage-9 yr 4 month
My husband is playing all the dirty trick he can.He stop working taking unemployment
so that he can get alimony from me and layers fees and don't pay child support.He filled divorce in may 2007 and dragging unnecssary
Euitable distribution is happened according to stipulation aggrement of 2005(basically I gave him everything).His cis was almost wrong(except pay) in new divorcee he filled.He tries to escalate my figure up and his figure down.He mentioned my stock which is already finished 2 years back .He didn't mentioned anything about joint stock(which he cashed out).He already put double amount of my pension in his cis.which is not true.
He didn't submit copy of all the docs
My lawyer is thinking that I have money(according to my husband cis) and making crazy bill,altough I took money from my friend and family.My husband took 8 years marriage saving (basically I didn't fight for it)
He have completely cashed out all the joint money and taken all my wedding jewelry (both what my parents gave me and what your parents gave me) and he is still hungry for more. Furthermore, I did not take any share of the money from the sale of our house; the amount that he was supposed should to put in my kid's account has not been completely accounted for. I am trying to recover from the physical brutality and the mental abuse that he have put me through all these years. I just want some peace for myself and my kid.
My question is what factors you have to look for alimony .is he going to get alimony.
He is on unemployment and survivng well (as he as money to fight ).Is judge blind in this country ? I am ready to feed my child if he get kid(chances are less as I don't want to give my kid to such abusive and irrosponsible persion) but I can't feed this man at any cost who still harassing me

[Melanie80]

I hate to sound like this, and I am sorry to hear about your situation, but men and dads go through this everyday. And they manage, mostly.

[GatorLaw]

N.J.S.A. 2A:34-23

b. In all actions brought for divorce, dissolution of a civil union, divorce from bed and board, legal separation from a partner in a civil union couple or nullity the court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing the court shall consider, but not be limited to, the following factors:

(1) The actual need and ability of the parties to pay;

(2) The duration of the marriage or civil union;

(3) The age, physical and emotional health of the parties;

(4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living;

(5) The earning capacities, educational levels, vocational skills, and employability of the parties;

(6) The length of absence from the job market of the party seeking maintenance;

(7) The parental responsibilities for the children;

(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;

(9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

(11) The income available to either party through investment of any assets held by that party;

(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and

(13) Any other factors which the court may deem relevant.

When a share of a retirement benefit is treated as an asset for purposes of equitable distribution, the court shall not consider income generated thereafter by that share for purposes of determining alimony.


c. In any case in which there is a request for an award of permanent alimony, the court shall consider and make specific findings on the evidence about the above factors. If the court determines that an award of permanent alimony is not warranted, the court shall make specific findings on the evidence setting out the reasons therefor. The court shall then consider whether alimony is appropriate for any or all of the following: (1) limited duration; (2) rehabilitative; (3) reimbursement. In so doing, the court shall consider and make specific findings on the evidence about factors set forth above. The court shall not award limited duration alimony as a substitute for permanent alimony in those cases where permanent alimony would otherwise be awarded.


An award of alimony for a limited duration may be modified based either upon changed circumstances, or upon the nonoccurrence of circumstances that the court found would occur at the time of the award. The court may modify the amount of such an award, but shall not modify the length of the term except in unusual circumstances.


In determining the length of the term, the court shall consider the length of time it would reasonably take for the recipient to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate.


d. Rehabilitative alimony shall be awarded based upon a plan in which the payee shows the scope of rehabilitation, the steps to be taken, and the time frame, including a period of employment during which rehabilitation will occur. An award of rehabilitative alimony may be modified based either upon changed circumstances, or upon the nonoccurrence of circumstances that the court found would occur at the time of the rehabilitative award.


This section is not intended to preclude a court from modifying permanent alimony awards based upon the law.


e. Reimbursement alimony may be awarded under circumstances in which one party supported the other through an advanced education, anticipating participation in the fruits of the earning capacity generated by that education.


f. Nothing in this section shall be construed to limit the court's authority to award permanent alimony, limited duration alimony, rehabilitative alimony or reimbursement alimony, separately or in any combination, as warranted by the circumstances of the parties and the nature of the case.


g. In all actions for divorce or dissolution other than those where judgment is granted solely on the ground of separation the court may consider also the proofs made in establishing such ground in determining an amount of alimony or maintenance that is fit, reasonable and just. In all actions for divorce , dissolution of civil union, divorce from bed and board, or legal separation from a partner in a civil union couple where judgment is granted on the ground of institutionalization for mental illness the court may consider the possible burden upon the taxpayers of the State as well as the ability of the party to pay in determining an amount of maintenance to be awarded.