New Jersey Alimony
Divorce is a difficult process for even the strongest and most prepared person. The process can be long, drawn out and draining in many ways, including financially. Once you have a final divorce decree and your alimony and child support have been worked out, you may think you are home free. You may think you have everything all ironed out and can move on with your life.
However, there may come a time when you need to seek to have your spousal support payments decreased. There are a few methods to attempt to modify your payments and several circumstances that may qualify you to do so.
This article is specifically for those in Monmouth, Middlesex and Ocean Counties of New Jersey but may apply to outside locations as well.Maintain the Peace
As much as possible, try to maintain the peace between you and your ex-spouse. This action can benefit you, as it is possible for ex-spouses to come to an agreement on their own and have it signed off by a judge and filed in court. These types of agreements are allowed and enforceable in the court of family law.
If you and your ex-spouse can maintain a working relationship, so to speak, it may work out in your favor if and when you need to decrease your alimony payments. If you two cannot work something out, your next action will be to seek the help of the divorce court.Will the New Jersey Divorce Courts Decrease Payments?
The short answer to this question is yes.
The longer answer is only if there is a change of circumstances with either spouse. Even then, a change of circumstances does not guarantee that a change in payments will be awarded. Some circumstances that may qualify include:
- A cost of living increase
- Change in income
- A health problem in the form of an illness or disability
- Birth of a new child to the supporting spouse
- A housing loss
- Cohabitation with another party of the dependent spouse
- Employment of the dependent spouse
- Federal income tax law changes
- Changes in NJ divorce and family laws
If you or your dependent ex-spouse have experienced any of the above, or any other circumstance that you feel might qualify, you may be eligible for an alimony payment reduction.Additional Requirements by the Court
It is also important to note that the qualifying circumstance must be an on-going one for the courts to consider making a permanent reduction in your spousal support payments. Keep in mind that a loss of income alone of the supporting spouse may not be enough to modify the spousal support payments, as the courts also take into consideration other assets, like property and investments, when making their decisions on payment modifications.
You will also be required to submit any supporting documentation, such as recent pay stubs. Document and keep a paper trail of any of these changes in circumstances in order to prove them to the court.If You Need Assistance
If you need help reducing your alimony payments in Monmouth, Middlesex or Ocean County, NJ, call the law offices of Goldstein Law Group today. Our lawyers have extensive experience in family law and have successfully helped many clients to modify their spousal support payments.