Limited Duration Alimony Award Appealed By Husband
- October 3, 2014
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In the recent post-judgment case, Manduley v. Perez-Manduley, Jesus Manduley, appealed from a Family Court award of four years of limited duration alimony totaling $3640 a year to his ex-wife, Defendant Ana Perez-Manduley. The Appellate Court affirmed the decision of the Family Division. The parties in this case were married in 2005 in the Dominican Republic. After their nuptials, the Plaintiff returned to New Jersey where he found work as a trash collector. The Defendant remained in the Dominican Republic to work as a nurse’s assistant because she was not an American citizen. During that time, the Plaintiff sent money to the Defendant to assist her with her living costs. Eventually, she moved to the United States where the parties lived in New Jersey. The marriage never bore any children. The Defendant was dependent on her husband when she lived in the Dominican Republic and although she worked as a home aid in America, the Plaintiff paid the vast majority of the household expenses. At the divorce trial, the Defendant requested an award of four years of limited duration alimony at $500 per month totaling $6,000 a year. The Plaintiff stated that he would agree to pay some alimony if the city that employed him agreed to allow him to work overtime, but otherwise alimony should not be awarded. The Family Judge ruled that the Plaintiff was to pay the Defendant limited duration alimony in the amount of $3640 per year and that she would receive her marital share of his pension. The Plaintiff appealed from this judgment. The Appellate Division affirmed the decision of the Family Court. The Appellate Court found that the trial judge’s decision regarding alimony was consistent with the proofs that were presented at trial and properly made pursuant to N.J.S.A. 2A:34-23(c). Both parties are parties of limited means and because the Plaintiff provided primary support for the family during the marriage he should have to pay modest alimony. Further, the four year term of the alimony award was considered to be fair for a seven year marriage. The award equitably served the purposes of limited duration alimony under the law. Gnall v. Gnall, 432 N.J. Super. 129, 150 (App. Div. 2013). If you anticipate that you may want to petition the court for a post-judgment modification of your alimony or child support obligation it is imperative that you seek out the advice of an experienced attorney before moving forward. For more information about alimony, divorce, child support, equitable distribution, or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way is intended to replace the advice of an attorney.