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Weber v. Weber

Decided: November 5, 1993.

WILLIAM WEBER, PLAINTIFF-APPELLANT,
v.
BARBARA WEBER, DEFENDANT-RESPONDENT



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Mercer County.

King, Arnold M. Stein and Ariel A. Rodriguez. The opinion of the court was delivered by King, P.J.A.D.

King

This is an appeal from an order awarding permanent alimony of $700 a month to Barbara Weber (Barbara), the ex-wife of William Weber (William). On this appeal William claims that the Judge erred in three respects:

1. Failing to apply the Lepis guidelines.

2. Refusing to terminate alimony.

3. Denying a plenary hearing.

We find no error and affirm.

I

This case involves the right of a former wife to receive continuing alimony. On June 3, 1986 a final judgment of divorce was entered. The marriage had lasted 28 years. At the time of the divorce, Barbara was nearly age 50. She was employed as a full-time legal secretary with an income of about $17,000. William was age 52 at the time of divorce. He was an insurance agent with an income of about $48,000. As of 1991, Barbara was employed as a legal secretary, with an income of about $25,000. William had since remarried and moved to Florida. He was employed as a sales representative for an insurance agency with earnings of about $43,400.

A property settlement agreement dated April 8, 1986 was incorporated into the final judgment of divorce. The agreement provided, in relevant part:

(1) ALIMONY: Commencing immediately, the husband shall be obligated to pay alimony to the wife in the sum of $1,000 per month due and payable on the first of each and every month. Said alimony obligation shall continue ...


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