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NJ Appeals Court Throws Out Alimony Reduction Ordered Because of Alimony Recipient?s Attorney?s Failure to Timely Respond to the Motion to Reduce Alimony Because of Attorney?s Medical Condition

By Janet Langjahr

Ex-husband physician pays unemployed sixty-five year old woman almost three thousand dollars per month in alimony under court order.

Ex-husband repeatedly files motions to reduce his alimony obligation.

NJ rules require that alimony recipient file a response to other party’s motion to reduce alimony.

Upon receipt of latest such motion, ex-wife’s attorney requests additional time due to a “serious medical condition” afflicting him.

Ex-wife fails to file response to ex-husband’s motion to reduce alimony.

Court apparently denies ex-wife’s request for more time, but ex-wife’s law firm doesn’t realize that.

Court does not permit ex-wife’s law firm to defend against ex-husband’s motion because no response was filed … to this seventh incarnation of ex-husband’s motion.

Accordingly, court grants ex-husband’s motion to reduce alimony.

Court slashes alimony payment to $400 per month.

Court denies ex-wife’s motion to reconsider its ruling.

Appellate court reverses and rules that ex-wife must be given opportunity to defend the motion, because the ex-wife should not be punished for her attorney’s error.

Read more in this South Jersey News article: Bridgeton alimony reduction overturned by state appeals court.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on December 18, 2008 (boomark / email).