- 7 - A court order regarding unallocated support payments is modifiable. Farmilette v. Farmilette, 566 A.2d 835 (N.J. Super. Ct. Ch. Div. 1989). Moreover, the obligation to pay alimony ends at the recipient’s death, and upon such event, a court order regarding alimony is modifiable. See N.J. Stat. Ann. sec. 2A:34- 23 (West 2003); Jacobsen v. Jacobsen, 370 A.2d 65, 66 (N.J. Super. Ct. Ch. Div. 1976). In general, divorce proceedings abate with the death of one of the parties. Carr v. Carr, 576 A.2d 872, 875 (N.J. 1990). Issues of custody and support of children do not abate, however. Jacobsen v. Jacobsen, 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 minor children shall not revert to the surviving parent without an order or judgment of the Superior Court to that effect. * * * [N.J. Stat. Ann. sec. 9:2-5 (West 2003).] It “implicitly recognizes the inherent right of the non-custodial parent to the reversion to his or her custody of the children born of the marriage upon the custodial parent’s death and the satisfaction of the statutory conditions.” In re D.T., 491 A.2d 7, 9 n.3 (N.J. Super. Ct. App. Div. 1985) (referring to N.J. Stat. Ann. sec. 9:2-5 (West 2003)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011