P.P. v. N.P.

Practice Area: Alimony

Date: November 22, 2010

Outcome: The Appellate Division upheld the trial court's decision that ex-husband had not shown changed circumstances, but did hold that he was entitled to an ability to pay hearing before he was arrested for not paying the arrears.

Ex-husband filed a post-judgment motion to modify his alimony and child support obligations to my client pursuant to the terms of the PSA. I filed a motion to enforce the terms of the PSA and to issue a warrant for the ex-husband's arrest for failure to pay his support arrears. The trial court denied the ex-husband's motion to modify his support based on a failure to show a prima facie case of changed circumstances, and granted my request to issue a bench warrant for arrest. The ex-husband filed an appeal of the trial court's order and claimed that he had shown changed circumstances and therefore was entitled to relief.

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