Alimony

Four Types of Alimony In New Jersey

Four Types of Alimony In New Jersey

Four Types of Alimony In New Jersey

There are four types of alimony that you may be awarded or expected to pay in the state of New Jersey. These four types are outlined below:

The first kind of alimony is called Open Durational Alimony. It is awarded in marriages that lasted twenty years or longer.  It continues without an end date.  It can only be terminated by death of either party, remarriage by the payee or by court order.

The second kind of alimony is called Limited Duration Alimony.  It is awarded in marriages that lasted nineteen years or less and can never be for longer than the length of the marriage.  For example, if you were married for ten (10) years, alimony cannot be paid longer than ten (10) years unless there are exceptional circumstances.

There is also Rehabilitative Alimony. Much like limited duration alimony, it is paid for a certain period of time. However, in this case, the duration of time and the amount received is tied to a specific plan for the spouse receiving alimony to become financially self-sufficient. This may include a plan for a spouse to finish their high school, college or post graduate degree, or receive more training, certifications or even start their own business. Rehabilitative Alimony generally takes the costs of education into account, as well as the payee’s inability to work full time while going to school or starting their business.

Finally, there is Reimbursement Alimony. This kind of alimony is usually awarded if one spouse supports the other while they receive a higher education degree (such as medicine, law or business, etc.), with the full understanding and anticipation that they would then share in the benefits of that degree.

Fabrikant Law, LLC prides itself on providing exceptional professional and personalized service. For assistance with your family law matter, please contact us today.

​(732) 659-4109


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A wonderful image of a new family after adopting a spouse's child in NJ

The Journey to Adopting Your Spouse’s Child

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toolsetCommonEs.styleToHead()Let’s be honest…beginning the adoption process can feel overwhelming and challenging. Adoptions are, after all, legal procedures. That means official paperwork and potentially several months…

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Ann Fabrikant, Super Lawyers Rising Star 2020

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toolsetCommonEs.styleToHead()​I am honored to announce that once again I have been selected as a Super Lawyers Rising Star ​​for seven consecutive years, 2014, 2015, 2016,…

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How to Collect Alimony When Your Ex Won’t Pay

How to Collect Alimony When Your Ex Won’t Pay

How to Collect Alimony When Your Ex Won’t Pay

Sometimes after a divorce, an ex-spouse can refuse to pay for the agreed to alimony or child support payments. Whether it’s simply out of spite, lost a job, or fell behind in his or her finances, it doesn’t mean that you are just to go on without the allotted money due to you. The court does not take failure to pay support lightly, offering options how to fully protect your rights after your divorce.

The first step you must take toward collecting your alimony payments is to contact your ex-spouse directly, if this is possible, and if not, have an attorney do so on your behalf.  The purpose is to try and resolve this issue without involving the court.

If that does not work, then you have to file a motion with the court to have alimony and/or child support paid through the probation department and even have his or her wages garnished.  It is recommended that you hire an attorney to properly draft the paperwork and represent you in court in this regard.

All in all, there are various ways to get the money that is rightfully yours, so if you cannot work it out with your ex trying to convince him or her to pay, your best course of action is through legal means- this not only remedies the situation the most efficiently and effectively, but shows your ex that you mean business so that payments will not be missed again in the future.

We are here to listen, advise, and tenacious defend. Our #1 goal is to guide you to your new tomorrow with the most resources and options at your disposal.

Do you have questions? Take advantage of our free consultation today!

(732) 659-4109       ✉ann@fabrikantlaw.com


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Tax Plan Alters Alimony

New Tax Plan Alters Alimony

Tax Plan Alters Alimony

It began with the Republican House of Representatives forming a conference committee to hash out the differences between its version of the tax plan and the Senate’s version. One key difference was that the House plan already approved of eliminating the alimony tax deduction, while the Senate had no such mandate in their plan.

Divorcees and divorce lawyers alike feared that such a write-off might lead to more hostile divorce negotiations. Most Americans responsible for making alimony payments, feared higher taxes. Those who depend on alimony had reason to be concerned about the tax plan because it could mean less money from their former spouses. Now that plan has been signed it into law by the President on December 22nd, 2017. How will the tax plan alter alimony?

THE FACTS

Spouses paying alimony can continue to deduct it from their taxes until December 31, 2018. Spouses who receive alimony payments will have to continue to pay income taxes on the money they receive until then.  As of January 1, 2019, this will no longer be true, in both cases.

THE PROS

Supporters of this change feel that a divorced couple can achieve a better tax result for payments between them than a married couple can. They also argue that alimony should be treated like child support. Child support is not tax-deductible for the payer, nor is it taxable for the recipient. In terms of tax revenue, Congress’ non-partisan Joint Committee on Taxation suggests that repealing the alimony deduction should equate to a $6.9 billion gain over the next ten (10) years.

THE CONS

Most of the fears that existed before the plan was signed into law are still concerns. The primary concern is that higher-earning spouses will not pay as much to their exes. Another concern is that prenuptial agreements and state laws have provisions that assume the tax deduction. Organizations such as The National Organization for Women and the American Academy of Matrimonial Lawyers opposed the change. Women comprise the majority of alimony recipients and stand to lose a percentage of their current income, this time next year. As for matrimonial lawyers, they will be fielding plenty of calls from clients this year.

Pros and cons aside, it is important to remember that alimony is but one determining factor when it comes to divorce and taxes. The notion that eliminating the alimony deduction will result in divorced couples achieving a better tax result for payments is a bit flawed. After all, ‘better tax results’ has yet to top any list of reasons for divorce.

Fabrikant Law, LLC prides itself on providing exceptional professional and personalized service. For assistance with your family law matter, please contact us today.

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