When a person’s financial situation changes—either positively or negatively—it can impact other aspects of the person’s life as well. This may include being able to pay for groceries, rent, or even alimony. In a recent New Jersey case, the appellate court was tasked with determining whether a consent order signed after the ex-husband purportedly lost a majority of his income was enforceable. Ultimately, the court ruled the consent order was not conscionable considering it was entered under fraudulent circumstances.
In this case, the couple was married for more than thirty years before divorcing in January of 2011. The divorce settlement included an agreement that the ex-husband, who was the Chief Scientific Officer of a major company, agreed to pay the ex-wife $12,000 per month in alimony. A few years later, the ex-husband was let go from his job. He then filed a motion asking to reduce his alimony payments as he was disabled and unable to work at the time. The parties then settled and reduced the alimony payment to $3,200 per month in a consent order. However, the ex-wife later learned the ex-husband was re-employed and was not actually disabled to the point of being unable to work. She sought to vacate the Consent Order. The court below agreed with the ex-wife and vacated the Consent Order—thus reinstituting the ex-wife’s alimony payments of $12,000 per month.
The ex-husband argued that the lower court should not have reinstated the initial alimony payments by vacating the Consent Order. He explained that the ex-wife did not prove the consent order was secured by fraud—meaning him lying about being disabled and unable to work.