Sometimes after a divorce is final and the parenting plan has been decided, circumstances change causing one of the parents to seek a change to the agreements. You or your former spouse can return to court and file a Motion to Modify when such changes occur. In order to seek a modification in a custody order or Parenting Plan, a party must set out sufficient facts that show a change in circumstances from the time of the Judgment and that one or more provisions of the Judgment are no longer in the best interests.
Of the child. if the standard seems somewhat lacking in specificity, it is somewhat by design ultimately, the court must do what is best for the children. Generally, when a party seeks a modification, it involves a change in legal custody, a change in physical custody, a change in the Parenting Plan, or sometimes all three. A change in legal or physical custody requires a higher showing of changed circumstances than is required for a change in the Parenting Plan. Essentially, the court will go through the same decisionmaking.
No Alimony for McGreevey Edward Weinstein NJ Divorce Attorney
Narrator: around new jersey, around the clock, this is News 12 New Jersey. KURT SIEGELIN: Finally it’s over, the last episode of New Jersey’s soap opera. The McGreevey’s are now divorced. Good evening thanks for joining us, I’m Kurt Siegelin. The ugly court room saga. McGreevey versus McGreevey, it’s finally over tonight. The judge made that divorce final. That’s our top story this halfhour.
A union county judge has granted former governor jim mcgreevey a divorce from dina matos. the big news to come out of this decree: the nation’s first openly gay governor will not have to pay any alimony to his exwife. McGreevey, now a seminary student, who says he’s too poor to pay the alimony. McGreevey will have to fork out $1,075 a month child in support for their daughter. His exwife had been asking for $2,500 a month alimony for four years, and $1,750 a month child support. The couple will also share custody of their six year.
Old daughter. this divorce ends a tumultuous four year marriage that crumbled publicly when McGreevey announced that he was gay and had a homosexual affair. Joining us to chat about the ruling is divorce lawyer and legal analyst Ed Weinstein. Ed, do you see former Governor McGreevey as the clear winner here? ED WEINSTEIN: Well, in light of the fact that he was imputed at an income level of 175 per year, $175,000, you could make an argument that yes he was.
Victorious. now having said that, it was a short term marriage and it is my opinion based on what I had witnessed myself through the trial and reading the judges lengthy decision, I do not believe that Ms. Mantos made a very good witness. And I believe that was fatal towards her alimony claim. KURT SIEGELIN: Well the bottom line, she asked for $2500 a month. Is that too much?.
Ed weinstein: it is not unusual certainly when you’re negotiating or taking a position in trial, that you look for the sky and hope for the moon if you will. But having said that, under a normal circumstance, if you have say the husband making again $175,000 a year and the wife making say $80,000 a year, which she was making until very recently, typically a court would award one to two years of alimony probably in the neighborhood of anywhere from $25,000 to $30,000 a year. So that’s why Mr. McGreevey is waving the victory.
Flag, if you will. now, there are other aspects that were certainly equitable towards the wife in the case here. Such as I see the father here has to pay for all extracurricular activities of the child. Typically pursuant to the court rules and the appendix there to, that’s part of your child support award. So a long story short, in my opinion I believe the judge concentrated more on the best interest of the child and therefore utilized this high imputed figure upon the former governor with respect to child support, but in light of the fact that again.