Murphy v. Murphy

713 A.2d 552, 313 N.J. Super. 575, 1998 N.J. Super. LEXIS 335
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 6, 1998
StatusPublished
Cited by14 cases

This text of 713 A.2d 552 (Murphy v. Murphy) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. Murphy, 713 A.2d 552, 313 N.J. Super. 575, 1998 N.J. Super. LEXIS 335 (N.J. Ct. App. 1998).

Opinion

The opinion of the court was delivered by

WALLACE, Jr., J.A.D.

This is an appeal from a post-divorce judgment order granting plaintiffs motion to increase her alimony. The order also directed defendant to establish a trust fund for plaintiffs benefit in the event of his death and required defendant to pay a portion of the counsel and accounting fees. On appeal, defendant contends that the trial judge abused his discretion in: (1) increasing the alimony award from $60 per week to $650 per week; (2) making the alimony increase retroactive; (3) not requiring a hearing regarding the award' of fees; (4) granting the fee awards; and (5) ordering a trust fund of $335,000 to provide for alimony in the event of his death. We reverse.

The parties were married on February 23, 1953, and nine children were born of the marriage. In 1977, defendant was earning approximately $14,000 gross annual income from his bus company. Plaintiff was not employed outside the home during most of the marriage. On July 15, 1977, a judgment of divorce was entered. A subsequent order for equitable distribution provided that plaintiff receive the marital home valued at $37,500; a one-half interest in the bus company valued at $63,178.89; alimony of $60 per week; and child support of $80 a week for the four then unemancipated children. No appeal was taken from this judgment.

During the ensuing sixteen years, defendant’s income increased substantially as the bus business prospered. Plaintiffs income during these years remained low. Plaintiff testified that after the [579]*579divorce, she took on various jobs to support herself financially. She stated she delivered newspapers and worked as a housekeeper and babysitter. In 1988, plaintiff sold the marital home for $175,000 and moved to Georgia where she purchased a home for $129,000. As part of the purchase, plaintiff assumed a $53,800 mortgage. Upon moving to Georgia, plaintiff worked alternately as a clerk at J.C. Penny, a factory worker, a babysitter, and a warehouse employee earning minimum wage.

By motion returnable June 24, 1994, plaintiff for the first time sought an increase in alimony, health and life insurance benefits, and payment of counsel fees. Defendant cross-moved for direct alimony payments and an order of annulment. The motion judge was satisfied that the plaintiff demonstrated changed circumstances and on June 24, 1994, directed discovery and ordered defendant to pay $2,000 of plaintiffs counsel fees. The judge reserved on all other issues in plaintiffs motion until an August hearing and denied defendant’s cross motion. Following the August hearing, the motion judge granted a temporary increase of alimony to $200 a week retroactive to June 24, 1994. He denied, without prejudice, plaintiff’s application for health insurance and ordered defendant to name plaintiff as a beneficiary under a life insurance policy.

Following discovery, hearings were held over a period of eight days. As noted above, the judge awarded a total of $650 per week in alimony to plaintiff, retroactive to the date of the filing of the motion, directed the establishment of a trust fund, and awarded plaintiff counsel fees. This appeal followed.

The applicable legal principles are well-settled. The purpose of alimony is to provide the defendant spouse with a level of support and standard of living generally commensurate with the quality of economic life that existed during the marriage. Innes v. Innes, 117 N.J. 496, 503, 569 A.2d 770 (1990); Mahoney v. Mahoney, 91 N.J. 488, 501-02, 453 A.2d 527 (1982); Lepis v. Lepis, 83 N.J. 139, 150, 416 A.2d 45 (1980); N.J.S.A. 2A:34-23; Khalaf v. Khalaf, 58 N.J. 63, 69, 275 A.2d 132 (1971). The [580]*580supporting spouse’s obligation is established at a level that will maintain that standard. Innes, supra, 117 N.J. at 503, 569 A.2d 770. In accordance with this principle, our courts have recognized “changed circumstances” that warrant modification. Lepis, supra, 83 N.J. at 151, 416 A.2d 45. The party seeking modification has the burden of showing such “changed circumstances.” Id. at 157, 416 A.2d 45. In that respect, “[a] prima facie showing of changed circumstances must be made before a court will order discovery of an ex-spouse’s financial status.” Ibid. Once a prima facie showing is made, the court may order further discovery. Ibid. After completion of discovery, the court must decide whether to hold a hearing. Id. at 159, 416 A.2d 45. A hearing is not required or warranted in every contested proceeding for the modification of a judgment or order relating to alimony. “It is only where the affidavits show that there is a genuine issue as to a material fact, and that the trial judge determines that a plenary hearing would be helpfid” that such a course must be taken. Shaw v. Shaw, 138 N.J.Super. 436, 440, 351 A.2d 374 (App.Div.1976).

Against this backdrop, we conclude that the trial judge’s application of those principles in this case was flawed. The trial judge found that:

although the plaintiffs figures on her Case Information Statement are, ... at times inflated, and her testimony at times somewhat less than credible, her standard of living, nevertheless, ... has diminished to the point where she can no longer support herself on her current alimony.

The judge also found that defendant had ample resources available to pay an increase in alimony based on the success of the bus company since the divorce in 1977. We have no quarrel with these findings. However, while the trial judge made a brief reference that the quality of life during the marriage must be considered, what gives us concern is that the judge essentially made no finding concerning the standard of living during the marriage. Rather, the judge focused on our comment in Guglielmo v. Guglielmo, 253 N.J.Super. 531, 543-44, 602 A.2d 741 (App.Div.1992), where we noted the dependent spouse should not be confined to the precise lifestyle enjoyed during the parties’ last [581]*581year together. However, in Guglielmo, the supporting spouse sought an increase within six years after the divorce. Here, plaintiff waited seventeen years before seeking an increase. Under these circumstances, the standard of living which existed at the time of the divorce should have been the main focus. Plaintiff should have been awarded an increase in alimony required to maintain her previous standard of living so long as defendant was financially able to pay any increase.

Moreover, we note that the bus business was valued at the time of the divorce judgment, and plaintiff was awarded a fifty percent equitable share.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Diane Voynick v. Brian Voynick
New Jersey Superior Court App Division, 2025
R.T.E. v. J.K.S.
New Jersey Superior Court App Division, 2024
Carmen Corzo v. Francisco Corzo, Jr.
New Jersey Superior Court App Division, 2024
Peter Schmitz v. Susan Fairhurst
New Jersey Superior Court App Division, 2023
K.M.B. v. W.G.B. (FM-08-0342-15, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court App Division, 2022
W.S. VS. S.S. (FM-20-0830-07, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court App Division, 2021

Cite This Page — Counsel Stack

Bluebook (online)
713 A.2d 552, 313 N.J. Super. 575, 1998 N.J. Super. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-murphy-njsuperctappdiv-1998.