RAHWAY, N.J., Feb. 20, 2012 (GLOBE NEWSWIRE) -- Tom Leustek, director of New Jersey Alimony Reform (NJAR), praised Senator Nicholas Scutari (D-Union) and his Senate Judiciary Committee for its unanimous approval on February 16, of a bill that would streamline alimony modifications when payers lose their jobs. Leustek also promised to continue efforts to update the state's antiquated alimony laws into the 21st century by urging lawmakers to pass a bill that would create a Blue Ribbon Commission to make comprehensive changes to alimony laws.
New Jersey's alimony modification bill, S-1388, passed the Senate Judiciary Committee following approval on February 6 of the assembly companion bill, A-685, sponsored by Assemblyman Sean Kean (R-Monmouth). The bill provides for reduction of alimony payments if payers lose their jobs, lose their health or have other significant life changes. Although current law theoretically allows for modifications as circumstances change, judges rarely grant reductions even when payers are represented by expensive lawyers, present ample evidence in court, and, after repeat attempts, are in dire straits. Many alimony payers unable to make payments, become impoverished, go bankrupt, and/or end up in jail or on work release; permitted to go to work but required to spend every night in jail. Leustek, a professor at Rutgers, pointed out in his testimony that these conditions exist in N.J. even though debtors' prisons in the U.S. were outlawed in 1833. "The Courts have jailed well-meaning citizens because they have lost jobs and cannot pay."
"N.J. lawmakers have an excellent model in Massachusetts", Dr. Leustek points out. "Like N.J., Massachusetts hadn't looked at its lifetime alimony laws for the last 35 years, until recently. Their laws were every bit as out-of-date as ours still are. Their lawmakers did the right thing and rewrote the statute. The new Massachusetts laws go into effect March 1, 2012."
"Senator Scutari chaired excellent hearings," said Leustek. "The Committee listened carefully and thoughtfully to NJAR's three witnesses, and the senators seemed to be as disturbed by their stories of unfairness as we are. In fact, Senator Scutari said that the N.J. legislature has done an injustice to citizens by letting the judiciary write the laws on alimony. I couldn't agree more!"
One of the witnesses, a woman from Middlesex paying permanent alimony, testified that after she lost her job and found another, making half of her previous salary, the judge refused to lower payments, so the majority of her earnings go to her ex-husband and she survives on $351 per week. Her alimony payments end at her death, his death, or his remarriage. Leustek notes that cases like this are the rule, not the exception, and that legislation is desperately needed to correct these imbalances.
The legislature is expected to consider a host of bills (AJR36, SJR34, AJR32, and SJR41) that would establish a Blue Ribbon Commission with a broader scope to make comprehensive recommendations on how to update the state's alimony laws. No hearings on these bills have yet been held.
"It's critically important that the legislature move forward quickly on these bills," said Dr. Leustek, "because so many alimony payers are suffering under extreme conditions."
In New Jersey, permanent lifetime alimony, with no end even at retirement, is awarded in marriages less than 10 years long, awarded to men and women who are employed full-time making good salaries, as well as those who refuse to work despite education, work history, and good health.
For more on N.J. alimony laws and the proposals under consideration visit http://njalimonyreform.org/