After a recent divorce judgment in New Jersey, a husband appealed, arguing for reversal. He claimed that the wrong income had been used to calculate alimony and that his actual earnings were lower. He also claimed his wife committed perjury when she testified he didn’t pay for the family’s expenses and misrepresented how much time he spent with the kids, including the overnights he spent. He also argued for the disqualification of the trial judge because he’d talked about his impending retirement with the wife’s attorney at the end of the default hearing.
The couple had married in 2000 and had three kids, all of whom were minors at the time of the divorce. The wife sued for divorce in 2015. The couple didn’t own much property beyond their home, which was in foreclosure, as well as cars and limited retirement accounts.
The wife and her attorney came to a default hearing, at which the husband didn’t appear. The hearing addressed a number of issues that were in the wife’s notice of proposed final judgment. She was seeking sole legal and residential custody of their kids and half of their assets. She also wanted to have open durational alimony, to have the kids’ medical insurance be paid by the husband, and to be compensated for a number of other costs. She only submitted foreclosure correspondence, pay stubs, and documents subpoenaed from the husband’s employer about his earnings. The mother’s case information statement wasn’t put into evidence, although the judge referenced it.