There comes a time in all cases when the rights and responsibilities of
the parties come to an end. In cases with children, the rights and responsibilities
as a parent never end, but as far as the Court is concerned, the obligation
to pay child support and work with your spouse on visitation schedules
typically ends when the child reaches the age of 18. Spousal support payments,
however, work differently. If you pay alimony to a former spouse and are
looking to modify or terminate your obligation, you will have the burden
of proving a legitimate change of circumstances.
In New Jersey, the landmark case of
Lepis v. Lepis sets forth the factors that are considered when a request to terminate
or modify spousal support is made.
These factors include:
Evidence of an increased cost of living or reduction in income. In these instances, the issue is narrowed to the finances of the parties
and the Court examines how changed finances may impact the support order in place.
Cohabitation with a new partner. Historically, this factor is examined with respect to the wife, and a
showing of her being supported by someone new.
Retirement of the party responsible for paying. An instance of retirement must be made in good faith rather than as a
means to terminate a spousal support obligation.
If you are seeking a change or termination, or have had such a request
made while you are receiving payments, consult with a qualified New Jersey
family law attorney to decide how to best proceed.
For more information on
spousal support and
divorce, call an experienced family law attorney at Moskowitz Law Group, LLC.
We’re ready to put our decades of experience to work for you!
Call (201) 419-6223 today to schedule an appointment. We’re available 24/7.