Alimony orders in New Jersey are generally considered final, but evolving life circumstances can necessitate adjustments. If you are a payor or recipient of spousal support and your financial situation has significantly changed, you might question the possibility of modifying the existing order. New Jersey law permits alimony modification, but only upon demonstrating a “substantial change in circumstances.” Please continue reading as this blog clarifies what constitutes a valid change, outlines the modification process, and advises on when to seek assistance from our experienced Edison Alimony Lawyers.
What Are Valid Reasons to Modify Alimony in New Jersey?
In New Jersey, spousal support orders can be modified if a “significant change in circumstances” has occurred since the original order was issued. This isn’t automatic; a formal petition with strong evidence must be filed with the court. Reasons often cited for modification include:
- Serious health conditions or disability
- Major changes in the cost of living or financial needs
- Job loss or reduced income
- Retirement
- Significant increase in the recipient’s income
- Remarriage or cohabitation
It should be noted that temporary hardships don’t qualify for alimony modification. In some cases, they may grant a temporary adjustment to reduce the cost while the hardship exists. However, payments will typically resume to the original amount once the situation resolves. It is important to understand that alimony modifications are only warranted for involuntary changes in one’s financial circumstances. The court will not grant a modification based on voluntary actions, such as the payor intentionally quitting or taking a lower-paying job.
How Do I Pursue an Alimony Modification?
If you are looking to modify an alimony order in New Jersey, consulting an experienced attorney is in your best interest to determine if your unique circumstances warrant a modification and to understand the legal process.
An attorney at Arndt & Sutak, LLC, can help you file a formal motion with the court, explaining the significant and involuntary change in circumstances. Our legal team will assist you in gathering supporting evidence. It should be noted that you will need to pay a filing fee.
Modifications typically start with negotiations between the involved parties, and an attorney can assist with this process. If an agreement cannot be reached, a judge will then assess the evidence. The court’s final determination on your modification request will be based on the evidence and arguments presented.
What If My Ex Refuses to Provide Financial Information?
In the unfortunate event that your ex refuses to provide financial information, you can file a motion with the court to compel them to disclose. The court has various remedies, including ordering disclosure, issuing a contempt of court ruling, freezing assets, etc. The judge will decide on the modification based on the available information, potentially ruling in your favor if the ex-spouse’s uncooperativeness is perceived as an attempt to conceal assets.
As you can see, modifying a spousal support order requires demonstrating a significant, permanent change in circumstances. Given the stringent scrutiny courts apply to alimony modifications, securing the expertise of a seasoned attorney at Arndt & Sutak, LLC is imperative to safeguard your financial interests.
