In the months and years following a divorce, life circumstances change, and so do financial needs. If you pay or receive alimony in New Jersey and your situation has changed significantly, you may be able to modify your spousal support order. To better understand how alimony works and when you can request a modification, continue reading and consult with an educated Union County post-judgment action attorney at Ross & Calandrillo today.
What is Spousal Support?
Spousal support, also known as alimony, is financial support paid by one spouse to the other after a separation or divorce. These payments are made for a variety of reasons, whether to help the lower-earning spouse maintain a reasonable standard of living or to compensate one spouse for contributions made during the marriage.
When Can Alimony Be Changed?
A court will only approve an alimony modification if there are significant changes in circumstances that render the previous arrangement unreasonable or unfair. Some common reasons spousal support may be modified include:
- The paying spouse’s involuntary and long-term reduction in income or employment
- Either spouse’s development of a serious illness or disability
- The paying spouse’s retirement
- The receiving spouse’s increase in income
- The receiving spouse’s remarriage or cohabitation with someone new
These are just some of the many reasons a court could approve an alimony modification. Temporary changes like a short unemployment gap generally do not qualify, as they are not lasting changes that will affect the individual’s ability to pay or need support long-term.
How Can I Modify a Spousal Support Order in NJ?
In order to modify your spousal support order, you need to file a motion with the same court that issued the original order. The motion is a written request asking the court to formally change the terms of the arrangement. First, file the Notice of Motion and get a court date.
The motion should state the modifications you are asking for as well as the reason why you believe an adjustment is necessary. You must be able to show proof of a substantial, permanent, and unanticipated change in circumstances that has occurred since the original order was issued.
There are several important documents that must be completed and filed, like the Confidential Litigant Information Sheet, the Certification in Support of Motion, and more. You can find all the required steps and documents on the New Jersey Courts website. It is also important to include the filing fee to avoid unnecessary delays.
You must notify your former spouse about your intention to alter the terms of your alimony agreement, and they will have the chance to respond. While you can represent yourself throughout this time, it is highly recommended that you consult with a legal professional for advice and assistance in navigating the modification process. Reach out to a skilled attorney for more information today.
