Patricia P. Kean - Page 13

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          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 such                   






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