Prove It

Many reasons are given for not paying alimony. One of them is the alleged unemployment of the payor spouse. Naturally, the parties can and often do strongly disagree as to whether the claimed unemployment is genuine. In this case, the court establishes a "burden of proof" procedure for resolving such disputes. The opponent of the presumed evidentiary fact must offer proof that is clear and convincing -- as opposed to the general civil standard of a preponderance of the evidence -- in refuting the evidential fact. Only then will the proponent of the evidential fact have the responsibility to offer more proof in order to sustain its burden of proof. Wasserman v. Parciasepe, New Jersey Ch. Div., ___N.J. Super. (Ch. Div. 2005); 2005 WL    ; April 11, 2005.