Pendente Lite Support Pending Divorce

Pendente lite support is temporary support, established during the pendency of a divorce, intended to preserve the financial status quo, or marital standard, of the parties until equitable distribution and alimony are resolved, between the parties or by a judge, and a final judgment of divorce is obtained. The span of time between separation or the filing of a divorce complaint and actually obtaining a divorce can sometimes take years making pendente lite support a critical issue for both parties. Although the intent is to continue the status quo existing prior to the marriage and ensure an economically dependent party is not left destitute, pendente lite support often leaves both parties lacking. Expenses often increase during this time as there is typically another residence to support and, if there are children, the party vacating the residence must have adequate housing for themselves and the children or they will be in an inferior position when it comes to parenting time. Often, parties will separate but make efforts at resolution for long periods of time prior to filing for divorce. During this time, if things are amicable, the party who vacates the marital residence may simply obtain quarters adequate for sleeping and little more such as a spare room at a friend's residence, their old bedroom at their parent's house or similar. They will continue to provide the bulk of their income to the family for household expenses and be comfortable "getting by" for the interim. Unfortunately, this period of time can establish a precedent and, if a divorce complaint is filed, either the supported or supporting spouse can find themselves in a very difficult financial situation without enough assets for themselves if a judge decides a motion for pendente lite support using this period of separation as the model for the "marital standard." If you are considering divorce, prior to leaving your residence, you should consult with an experienced divorce attorney in order to discuss your needs, your family's needs and your financial situation. An experienced family law attorney can protect you from finding yourself with a pendente lite support order which will leave you financially destitute. For more information about divorce, child support, custody, emancipation and other family law issues in NJ visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Post-Judgment Action To Enforce PSA Over College Expenses

Daley v. Daley, is a post-judgment matrimonial matter in which the Defendant appealed from a 2013 Family Court Order that granted the Plaintiff's Motion to enforce and amended a provision of the parties' Property Settlement Agreement (PSA) dealing with the funding of their children's college education. The parties in this case were married in 1995 and got divorced in 2007. Two (2) children were born during their marriage and a PSA was incorporated into their divorce judgment in 2007. In 2013, the Plaintiff filed a Motion to enforce and amend a provision of the PSA that required the Defendant to provide her with annual fund balances and make required monthly payments to the children's college savings accounts for their education. In response to the Plaintiff's Motion the Defendant admitted that between 2009 and 2013 he had withdrawn $33,000 from the college accounts but he had repaid the sum prior to the 2013 filing of the Plaintiff's Motion. The Defendant also admitted that in 2008 he withdrew $29,100 from the accounts to pay his federal and state taxes and he had not yet repaid that amount and he claimed that although the accounts should remain an asset for the children's benefit, he was not prevented from making necessary withdrawals from this accounts under the PSA. The Family Court judge ordered that the Plaintiff be named the custodian of the children's college savings accounts and that the defendant repay the $29,100 within thirty (30) days. The Defendant appealed claiming that the Family Court judge erred in making the Plaintiff the custodian of the college accounts, amending the PSA concerning the use of the account funds, amongst other prayers for relief. According to the Appellate Division, with regard to the enforcement of the PSA, New Jersey Court Rule 1:10-3 "provide[s] a mechanism, coercive in nature, to afford relief to a litigant who has not received what a Court Order or Judgment entitles that litigant to receive." D'Atria v. D'Atria, 242 N.J. Super. 392, 407 (Ch. Div. 1990). "The particular manner in which compliance may be sought is left to the court's sound discretion." Bd. of Educ. of Middletown v. Middletown Twp. Educ. Ass'n., 352 N.J. Super. 501, 509 (Ch. Div. 2001). According to these standards, the Appellate Division found no basis to disturb the Family Court judge's decision to place the Plaintiff in control of the children's college savings accounts. Although the Defendant was an "owner" of the account, the PSA required him to make regular monthly payments into the accounts. Nothing in the PSA indicated that the parties ever intended that the Defendant would or could periodically withdraw funds from the accounts to pay his personal expenses. If you believe that a post-judgment modification to your settlement agreement regarding the provisions of the agreement may be beneficial to you to you should seek out the advice of an experienced attorney before moving forward. For more information about post-judgment modification, equitable distribution, alimony, child support or other family law matters in New Jersey visit the DarlingFirm.com. This blog is for informational purposes and in no way is intended to replace the advice if an attorney.