How Judges Can Now Handle The New Radical Alimony Reform BillBy Moskowitz Law Group, LLC |
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.