How to Modify Alimony in Bergen County NJ
Attorney for Changing Spousal Support in Hackensack, New Jersey
You may find that after your divorce, the arrangements that applied to your previous circumstances simply do not reflect the needs of your current life. This is very common in the case of alimony and spousal support. Like most things determined during divorce, the current circumstances of both parties are evaluated and used to reach an alimony arrangement. Courts also consider the previous roles and responsibilities that each person had during the marriage. For instance, was one person the primary caregiver for the children while the other was the primary breadwinner? Depending on your specific situation, there are various types of alimony that may be ordered to allow both parties to maintain a lifestyle similar to that which they enjoyed during their marriage. Of course, life is constantly in motion and things inevitably change. If a change in such circumstances requires a corresponding modification of alimony payments, whether it is a reduction or an increase, this requires formal court proceedings. Also, if you or your former spouse wishes to terminate alimony entirely, you must file a motion with the court.
If you are seeking to obtain or to contest a spousal support modification in New Jersey, it is critical to develop and present a comprehensive and compelling case for your desired outcome. A knowledgeable New Jersey family law attorney can be vital to the successful execution of this process. At The Elfant Rickett Law Firm, we understand that your individual circumstances require a plan of action that best serves you. With that in mind, we are dedicated to working with you and using all of our knowledge and experience to achieve your goals. Our firm’s founder, Rosa Rickett is a highly experienced NJ family lawyer who prioritizes the needs of her clients and develops long-standing relationships built on trust. She often assists clients with legal matters before, during, and after the divorce process. If you wish to discuss an alimony modification or termination case in Bergen County or elsewhere in New Jersey, contact our offices in Hackensack anytime at 201.968.5700 or online to schedule a consultation.
Alimony Modifications in New Jersey
There are several different types of alimony modifications in New Jersey. You or your former spouse may seek to reduce spousal support, increase these payments, or terminate an alimony obligation altogether. To justify any change of your alimony arrangement, the person seeking the modification must show a significant change in circumstances. In other words, the burden of proof is with the person who wants to modify the current agreement.
In order to modify alimony in New Jersey, the change in circumstances must be significant and involuntary. For instance, a choice like early retirement cannot be used to justify a reduction or termination in alimony payments. On the other hand, if the spouse providing support is terminated from his or her job or experiences a serious medical issue that inhibits their ability to work, this may constitute the type of change necessary for an alimony reduction.
Changed Circumstances for an Alimony Modification in NJ
The following are some examples of the significant changes in circumstances that may warrant a modification of spousal support in New Jersey:
- The receiving spouse has cohabitated with another person
- The receiving spouse remarries
- The receiving spouse experiences an increase in income or gets a new job
- The paying spouse has a substantial and involuntary reduction in income, including:
- Job loss
- Decrease in salary
- Business failure
- The receiving spouse is the beneficiary of an inheritance or life insurance policy
- The paying spouse reaches retirement age
- The receiving spouse’s cost of living increases substantially
- The paying spouse experiences an illness or injury that impedes their ability to work or generate income at the previous level, or increases their medical costs substantially
The above is not an exhaustive list, but simply some more frequent examples. Consulting with a knowledgeable New Jersey family lawyer is highly advisable when determining if you or your former spouse has grounds for a modification of alimony.
What Happens when the Person Receiving Alimony Remarries?
Under New Jersey law, if the spouse who is receiving alimony gets remarried, this is considered automatic grounds for termination of spousal support. Regardless of the type of alimony initially awarded in your case, the spouse providing support is no longer required to do so if and when the alimony recipient begins a new marital relationship.
Contact a Fort Lee Alimony Modification Lawyer to Discuss Your Case
At The Elfant Rickett Law Firm, you will find a skilled New Jersey family law attorney with extensive experience in post-divorce modifications. Whether you need help changing alimony or contesting a spousal support modification request, we serve as a trusted partner and advocate who is committed to fighting for you. Our firm serves clients in Teaneck, Fort Lee, Lodi, Ridgewood, and throughout Bergen County and North Jersey. We also serve surrounding communities in Hudson County, Passaic County, Essex County, and Morris County. You can reach out Hackensack office anytime at 201.968.5700 to schedule a consultation about your individual case.