Family & Juvenile
Law Section "Top 10"
February, 2011
TOP 10 THINGS TO DO IF YOU REPRESENT THE PARTY SEEKING PL ALIMONY
By: Ronald B. Bergman
Houlon, Berman, Bergman, Finci, Levenstein & Skok, LLC
- Prepare an accurate Long Form Financial Statement. Identify what items the other party is paying directly.
- Gather documentation for necessity and reasonableness of client's expenses for the past two (2) years.
- File suit or counter claim as soon as possible and request that an expedited Scheduling Conference and PL Hearing be set.
- File discovery requests along with the complaint/counter compliant.
- Schedule the other party's deposition in advance of the PL Hearing, if necessary, to determine accurate income as well as reasonable and necessary expenses.
- Secure and prepare expert witnesses to testify regarding the need for counsel fees, suit fees, including expert witnesses.
- Gather evidence as to the financial resources and needs of the parties to support testimony for suit fees and other expenses.
- Gather evidence regarding normal 'lifestyle' expenses prior to separation and prepare to argue against expense reduction arguments.
- If client is not employed, begin working with a vocational expert, or if disabled, gather appropriate records.
- Have expert testify about taxable consequences of alimony.
