GOURVITZ STOPS ITALIAN COURT FROM DECIDING ALIMONY REDUCTION OF A NEW JERSEY JUDGMENT DESPITE BOTH PARTIES RESIDING IN ITALY

The Gourvitz Firm prevented a New Jersey divorce judgment from being modified in Italy, despite the fact that both parties reside in Italy.  The Gourvitz Firm had represented the wife/ex-wife for over 20 years. The husband alleged that wife’s sizable inheritance including the family castle and her alleged cohabitation were sufficient factors to stop the $120,000 per year alimony that he had been paying for the last 20 years.  The New Jersey court decided that under N.J.S.A 2A4:-30.72, The Uniform Interstate Family Support Act, UIFSA, that only New Jersey courts have the exclusive and continuing right to modification. It ordered the husband to cease proceedings in Italy, and if he did not made him liable for any reduction, which could be enforced against him when he decided to retire in the United States, and contempt of court remedies.  The court rejected the husband’s forum non conveniens argument as being trumped by UIFSA.