WAYNE NEW JERSEY PASSAIC COUNTY DIVORCE MEDIATION LAWYER ALIMONY

Does the ex-husband have the "the realistic ability" to earn the $170,000 in imputed annual earnings "in 2007 and in the foreseeable future" ? The case is remanded for further proofs in a plenary hearing to determine this issue. It was error for the New Jersey divorce judge to deny the application because there were genuine and material issues of fact that required "an evidentiary re-evaluation of the parties' financial circumstances." Although the ex-husband had "severely failed to give appropriate priority and attention to his support obligations," denial of the application on the papers was incorrect.    Hawley v. Levine, New Jersey App. Div., November 7, 2007