Defendant's Attorney:

Description: New Brunswick, New Jersey family Law lawyers represented the parties in a divorce.



The parties were married in 1996. They have one daughter together who is now emancipated. A final judgment of divorce (FJOD) was entered on September 6, 2012. Under the FJOD, defendant agreed to pay $120 per week in child support and $125 per week in permanent alimony through wage garnishment. The child support obligation was terminated in 2013.

The obligations were calculated based on defendant's 2011 gross earnings of $46,000 and imputing minimum wage to plaintiff. Though plaintiff had not worked since January 2011, the FJOD reflected she had customarily earned minimum wage working part-time during the marriage.

Sometime thereafter, defendant started a new job where he earned an annual salary of $64,000. Neither party moved for a modification of alimony at any time until defendant's present application.

In August 2021, defendant was diagnosed with type 2 diabetes with hyperglycemia, requiring the long-term use of insulin. Several months later, defendant's employer's business closed, and he lost his job. He filed for
unemployment in November 2021 and began receiving a weekly benefit rate of $731. Defendant stopped making his alimony payments.

In March 2022, defendant moved to suspend his alimony payments retroactive to the last payment made on October 29, 2021, and to vacate any arrears, while he looked for new employment. In support of his motion, defendant certified he was "in an extremely dire financial situation" because of his significant health issues and unemployment. He stated he was actively looking for work and had enrolled in an employment program offered through the New Jersey Department of Labor and Workforce Development, as well as in computer coding courses. He certified his medical costs were a minimum of $930.95 per month. The court entered an amended order on May 13, 2022, ordering all collection and enforcement efforts to cease until further notice by the court.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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