A New Jersey appeals court rules that a trial court must consider all the evidence before it can order an 89-year-old veteran in failing health to enter a Veteran's Administration (VA) facility in order to ensure he had enough assets to pay alimony. Rizzolo v. Jones (N.J. Super. Ct., App. Div., No. A-1800-13T2, March 2, 2015).
Victor Rizzolo and Barbara Jones divorced when Mr. Rizzolo was 84 years old. The court ordered Mr. Rizzolo to pay Ms. Jones alimony. Five years later, Mr. Rizzolo's health began to fail, so he moved in with son, who hired a caregiver for him.
Mr. Rizzolo asked the court to end the alimony payments, arguing that his income -- which was limited to VA disability payments and Social Security -- was needed to pay the caregiver. The trial court ruled that Mr. Rizzolo had not done all that he could to meet his alimony obligations because if he entered a VA facility, he would be able to receive care and pay the alimony. Mr. Rizzolo appealed.
The New Jersery Superior Court, Appellate Division, reverses, holding that the trial court did not hear evidence about whether entering a VA facility was really appropriate. According to the court, "although the [trial] court may on remand conclude that it is equitable to require [Mr. Rizzolo] to enter a VA facility against his wishes in order to use his limited income to continue to pay alimony, allowing [Ms. Jones] to preserve her assets until [Mr. Rizzolo's] death makes alimony no longer available, it may only do so upon consideration of competent evidence and a qualitative analysis of both parties' circumstances."
For the full text of this decision, go to: https://njlaw.rutgers.edu/collections/courts/appellate/a1800-13.opn.html
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