- 13 - with the stipulation made by the parties that the orders should be interpreted under New Jersey law since they were issued by a New Jersey court. New Jersey has a support statute authorizing courts to award alimony or child support, either pending the divorce suit or after final judgment. N.J. Stat. Ann. sec. 2A:34-23 (West 2003). Generally, divorce proceedings abate with the death of either party. Carr v. Carr, 576 A.2d 872, 875 (N.J. 1990). Despite the general rule that divorce proceedings abate with the death of either party, “Some New Jersey courts have recognized that in highly unusual circumstances some aspects of statutory equitable distribution and related forms of relief may precede a divorce judgment or survive a spouse’s death before divorce.” Id. The obligation to pay alimony ends at the recipient’s death. See Jacobson v. Jacobson, 370 A.2d 65, 66 (N.J. Super. Ct. Ch. Div. 1976). The obligation to pay child support survives the death of either spouse. See Kiken v. Kiken, 694 A.2d 557, 561- 562 (N.J. 1997); Jacobson v. Jacobson, supra at 66. Regarding the death of the custodial parent, New Jersey statutory law provides: In case of the death of the parent to whom the care and custody of the minor children shall have been awarded by the Superior Court, or in the case of the death of the parent in whose custody the children actually are, when the parents have been living separate and no award as to the custody of such children has been made, the care and custody of suchPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011