The Judge is the person that makes key decisions in your case. So it is
vital he or she properly applies the law to the facts of your case. A
misstep in legal application can lead to incorrect and undesirable results.
Judges and lawyers are required to maintain a certain level of continued
education each year, but sometimes that "education" comes "on
the job". For Judges, this can be especially true when the politicians
make amendments or other changes to existing law. Adjusting to change
can take time, but must be done in order to maintain the integrity of
the legal system and ensure accurate results.
In divorce cases, a recent change to the way alimony is paid is one of
the most significant changes to family law this year. The new law essentially
eliminates the possibility that spousal support will be paid on a permanent
basis, and Judges would be well-advised to handle this
reform to alimony by doing the following:
- Apply the changes properly to cases that have not yet reached final adjudication.
This means if you are in the middle of a divorce that has not yet been
finalized; the new law should be applied in your case.
- Apply the cap on duration in the proper circumstances, which means only
future payers are entitled to the cap, it does not apply if payments are
already being made.
- Make required presumptions of good faith when issues of retirement and
ending support payments arise. The Act is very specific on this issue
and Judges are bound by the law as written.
Becoming familiar with the law and the changes is a vital task for all
Judges. Only by knowing how to properly apply the changes will accurate
results be reached. If you believe the law has been applied improperly
in your case, you are entitled to have the decision reviewed. One of our
qualified attorneys at Moskowitz Law Group, LLC can help you make sure
the results reached are the results that are proper.
For more information on
spousal support and
divorce, call an experienced family law attorney for answers to your questions.
Fill out our
online case review form today.