If you are currently paying or receiving alimony payments in New Jersey, the last thing you may expect is for a significant change in circumstances to occur that has impacted your finances. In this event, you may find that the current arrangement is no longer viable. As such, understanding your legal options is critical. If you wish to change the terms and conditions of your spousal support order, the following blog explores what you should know about this process, including the circumstances that often warrant a change, as well as the importance of connecting with Morris County alimony lawyers to assist you in this process.
How Does New Jersey Determine Spousal Support Amounts?
When you file for divorce, there are a number of factors you’ll need to take into consideration, like whether or not you want to request alimony. It’s important to understand that if you want spousal support, it must be requested. The court will not automatically offer the lower-earning spouse alimony. Additionally, just because you request this support does not mean it is automatically granted. The court, upon receiving the request, will examine a number of factors to determine whether or not awarding support is necessary. These factors include, but are by no means limited to, the following:
- The age and health of each party
- The income of each party
- The length of the marriage
- The standard of living established during the marriage
- The earning capacity of each party
- The child custody/child support arrangement
It’s also necessary to note that these factors will not only be used to determine if alimony should be granted, but also the amount and duration of the payments.
Under What Circumstances Will the Court Order a Change in the Terms?
In general, any time you wish to modify a court order, you must show that a significant change in circumstances has occurred that warrants the alteration of the order. This is because the court will not change an order simply because you disagree with or are unhappy with the terms in place. A legitimate reason must be provided to warrant a change.
One of the most common reasons that people seek the modification of their spousal support order is because of a change in employment circumstances. For example, if you are the paying spouse, you may want to reduce or terminate your obligation following your recent job loss. However, you should note that the court will examine the circumstances behind this. If you were terminated because you violated company policy, they may be unwilling to penalize your spouse for your errors. In the event you were terminated due to no fault of your own, the court may be willing to reduce or cease your spousal support obligation if you can show that you’ve made a good-faith effort to find new employment.
Other common reasons that you may seek a change in spousal support include being diagnosed with a chronic injury or illness, cohabitating with a new partner, or retirement.
As you can see, changing alimony payments in New Jersey can be incredibly complicated. That is why it’s in your best interest to connect with an experienced attorney with the Leslie Law Firm, LLC. Our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help guide you through this process. Contact us today to learn more.
