MOUNTAIN LAKES NEW JERSEY MORRIS COUNTY ALIMONY LAWYER
The New Jersey divorce judge was correct in denying the ex-husband's 2007 motion seeking to terminate his permanent alimony obligation to his former wife, and for reimbursement of past alimony paid to her. Although the 61-year-old indicated that his health had deteriorated, the judge had already found in 2005, on a similar motion, that, while his disability had changed, his financial ability to pay had not. The motion for reconsideration was denied as untimely, and he filed again in 2007 for the same relief. The appeal is dismissed, because there was a failure to prove that the current motion was demonstrably different from the 2005 motion. Absent proofs, this was nothing more than an attempt to circumvent the denial of his untimely reconsideration motion. Colello v. Colello, New Jersey App. Div., February 1, 2008