Alimony Suspended While Wife is Ward of The State

In M.J. v. K.J., Plaintiff with significant mental health issues sought to reinstate alimony retroactively while still under state supervision after commitment to a state mental health facility. Plaintiff and Defendant married in 1989 and had three children. Over time, Plaintiff became increasingly non-compliant with prescription medication for mental health issues. In 2009, Plaintiff attempted suicide and was admitted to a mental health facility and diagnosed as having bipolar disorder. Plaintiff’s failure to take her medication resulted in increasingly inappropriate behavior including stalking her chiropractor, for which she was ultimately incarcerated and an order of protection was issued against her. In 2009, Plaintiff filed for divorce and the parties entered into a consent order giving Defendant and the children exclusive possession of the marital home. Plaintiff broke in and, upon arrest, was admitted to a mental health facility. Plaintiff violated a TRP the Defendant obtained and continued to harass the Defendant throughout the divorce proceedings. The divorce called for the Plaintiff to have supervised parenting time with the parties’ youngest child and the two older children would make their own decisions with regard to visitation. Defendant was required to pay Plaintiff $2,000 monthly until either party’s death, Plaintiff’s remarriage or co-habitation with an unrelated adult or Defendant’s retirement. The Plaintiff continued to violate the FRO and was sentenced to 180 days incarceration during which Defendant’s alimony obligation was suspended for as long as Plaintiff was incarcerated or institutionalized. Plaintiff was released and reoffended by violating the restraining order multiple times with the last event occurring when Plaintiff appeared at Defendant’s workplace and pointed what appeared to be a semi-automatic handgun at him. He ran off calling the police as he fled and police found Plaintiff with what turned out to be an unloaded BB gun made to look real. Plaintiff was taken to the hospital and then incarcerated. The court ordered alimony suspended for the duration of the incarceration stemming from the fake handgun incident. Plaintiff was ultimately acquitted by reason of insanity and placed in Greystone Park Psychiatric Hospital. Per State v. Krol, 68 N.J. 236 (1975), the court found that it was a matter of fundamental fairness to suspend the alimony payments of Defendant indefinitely, without accrual of arrears, as the Plaintiff was a ward of the State. In light of the egregious effect that Plaintiff’s actions had on the Defendant, the court did indicate that, upon the Plaintiff’s release from Greystone, the Defendant could petition the court for termination of alimony obligation. Further, the court denied the Plaintiff’s motion to modify the FRO permitting her to communicate with her children. Upon Plaintiff’s release from Greystone, she remained under the court’s jurisdiction with the requirements that she attend treatment and take her medication. Plaintiff again sought modification of the FRO to allow for parenting time and to reinstate the alimony obligation. The court held that, as the State was meeting her needs, it would be inequitable for the Defendant to pay alimony. On Plaintiff’s appeal, the appellate division affirmed indicating that the FRO was not properly placed before them and the Plaintiff had no need for alimony as the State continued to meet her financial needs. If you have a family law matter or are looking to modify an existing alimony order, you should seek an experienced family law attorney. To learn about your rights in a particular situation, visit DarlingFirm.com or call 973-584-6200 now to schedule a consultaion. This blog is for informational purposes only and not intended to replace the advice of an attorney.