Eric J. Aretsky Divorce Law Blog on Lawyers.com

Bergen County, New Jersey Divorce Lawyer Discusses Recent Unpublished Appellate Division Decision Regarding Downward modification of Alimony

Wednesday, January 19, 2011 by Eric J. Aretsky

Photo of Eric J. Aretsky

In Goldsten v. Goldstein, the Appellate Division of the Superior Curt of New Jersey reversed the trial court's decision denying the plaintiff's motion for a downward modification of alimony.  The plaintiff is a commodities trader trading privately on a personal trading account on the New York Mercantile Exchange. The plaintiff claimed that technological innovations beyond his control rendered him permanently incapable of earning the level of income he earned when he agreed to pay the defendant $22,000.00 per month in alimony.  The Appellate Division remanded the matter back to trial court because the motion judge did not make specific factual findings necessary to enable the Appellate Division to conduct a meaningful appellate review of the trial judge's decision that the plaintiff failed to shoulder his burden of demonstrating a change in financial circumstances warranting a permanent modification of alimony. The trial judge was given the discretion to decide whether the plaintiff needs to present expert testimony to prove his point that automation of the trading industry diminished his earning potential.

This is a possible favorable decision for those parties seeking modify alimony.

Contact Bergen County Divorce Lawyer Eric J. Aretsky.

For legal consultation or representation from the dedicated attorneys at Aretsky & Aretsky, P.C., contact us online or call us at 201-345-3761. Our offices are located in Ridgewood, New Jersey, easily accessible for clients throughout the Bergen County area.

 
Posted at 14:07 PM
Topic: Divorce
Lawyers.com Blog

Lawyers.comSM Blog

Get an inside view of
Lawyers.com

Blog Topics

Bloggers

Archives

Recent...