SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

STATEMENT TO

ASSEMBLY, No. 81

STATE OF NEW JERSEY

DATED: OCTOBER 7, 1996

      The Senate Women's Issues, Children and Family Services Committee favorably reports Assembly Bill No. 81.

      This bill would amend N.J.S.2A:34-23, concerning alimony, to clarify that the court shall consider the impact on both parties in awarding permanent or rehabilitative alimony.

      Currently, the statute provides that, among other factors used in determining alimony, the court must consider the length of absence from the job market and custodial responsibilities for children of the party seeking maintenance.

      It is generally acknowledged that when determining alimony, the alimony recipient's earning capacity and how that capacity has been affected by two factors -- the length of the recipient's absence from the job market, and the recipient's custodial responsibilities for the children--must be considered. This bill would change the current method of determining alimony payments based on the recipient's earning capacity to also include the child-rearing responsibility of both parents.

      This bill embodies Recommendation 19 of the report of the Commission to Study the Law of Divorce, issued April 18, 1995.

      This bill is identical to Senate Bill No. 708, sponsored by Senators James Cafiero and Robert Martin, which was also released by this committee on October 7, 1996.