Alimony Modifications in Bergen County
To change the required amount of alimony a person has to pay, they must attempt to reach an agreement with the other party through negotiation. If they cannot come to an agreement, then they would have to file an application with the court requesting an alimony modification.
It can be difficult to navigate the complex process of changing spousal support agreements without an experienced legal advocate. A lawyer knowledgeable in Bergen County law could guide you through the necessary negotiations and help you make your desired modification.
Required Circumstances for Alimony Modification in Bergen County
As long as the property settlement agreement acknowledges that there can be a change of circumstances under which an alimony modification would be allowed, then a party can request a change. The property settlement agreement may enumerate a timeframe in which alimony will stop. The paying spouse would then be entitled to stop at this time. Otherwise, they would have to wait for a change of circumstances to stop paying alimony.
Circumstances that could warrant a spousal support modification include:
- The alimony recipient remarries, which would result in a termination.
- The recipient is co-habitating, which could result in a termination.
- The recipient begins earning a large sum of money, and it can be demonstrated that they have less of a need than when they were originally awarded alimony.
- The person paying the alimony loses their job, and their unemployment is permanent rather than temporary in nature. The person would have to wait at least 90 days after being laid off before requesting a modification.
- The person paying alimony retires, and it is a good-faith retirement.
If the alimony is going to the New Jersey Probation Payment Department, and there is no agreement by the other side, that party would have to file an application in the court to stop the alimony payments. This is true even if one of those factors has been met.
Determining Alimony Payments in Court
If the alimony came about by way of a court order, the judge cannot order that it is non-modifiable. If the judge determines the alimony in a final hearing, and a party is displeased with the amount, they could file an appeal or apply for a modification if there is a change of circumstances in the future.
If the paying spouse then comes to court to file a modification, they must make a prima facie case proving the change of circumstance. Upon that showing, they are then entitled to receive financial information or discovery from the alimony recipient.
An Alimony Attorney Could Help Modify Your Agreement
Parties can request an alimony modification by themselves, but they may benefit from representation by a legal professional. A qualified Bergen County lawyer who is experienced in alimony modification cases could gather the necessary proof for change of circumstance and improve your chance of success.
You may have a viable case but not know how to present it in court, which could lead to a denial. An alimony attorney could create an effective plan of action that could give you the best possibility of prevailing in court. If you want to modify your alimony payments, call today to schedule a confidential consultation.