Hackensack Alimony Modification Lawyer
As with most aspects of a judgment of divorce or marital settlement agreement, the Court can alimony an alimony obligation. When circumstances in life change, it may be necessary to increase or decrease the amount paid to a former spouse every month.
These changes are possible, but the party who wants to modify alimony has a high burden to meet in Court. A dedicated alimony attorney can help by making the best possible case for a modification. Let a Hackensack alimony modification lawyer answer any questions you might have about your options.
The Basis for Alimony Modification
Alimony payments are intended to allow the supported spouse to maintain a lifestyle post-divorce that is reasonably comparable to the lifestyle they had during the marriage.
Once a judge makes an initial alimony order or the parties agree on an alimony amount, the terms remain in place until the Court or the parties agree to change them. A judge will only agree to modify these payments when there is evidence that the existing arrangement is no longer appropriate.
Any reduction in alimony requires proof of a substantial, permanent, and involuntary change in financial circumstances for the paying party. The paying party has to prove that it is impossible to continue to pay the current amount of alimony by no fault of their own. Thus, the spouse requesting the modification has the burden of proof. If they cannot provide compelling evidence that their circumstances have changed, their request is likely to be denied.
While these arguments are complex, the party who wants to reduce alimony does not have to make them on their own. An alimony modification lawyer in Hackensack can help build a strong case for alimony modification on their client’s behalf.
Examples of a Substantial Change in Circumstances
When considering a request to modify alimony, a judge will take into account a wide range of factors. Not every situation is the same and the Court will review each request on its own individual merits. Some occasions where a change in alimony may be appropriate include the following:
- Retirement
- Major health issues or disability
- Failure of a business
- Loss of employment
- Increased cost of living
- Permanent reduction in work hours
These are only a few of the circumstances that can lead to a successful motion to modify alimony. Never assume a change is too minor to justify altering the terms of the Court’s order. Always speak with a dedicated family law attorney when in doubt to determine if requesting an alimony modification may be appropriate.
Options for Alimony Modification
There are different routes to modify an alimony order or agreement. The simplest way is for the parties to voluntarily make the modification or terminate alimony altogether. This requires both parties to be reasonable and amicable.
Most cases are not so simple. In most situations, the other party will not willingly agree to a reduction. When the parties cannot agree, the only remaining option is to file a motion with the Court. Individuals seeking to reduce alimony can hire a Hackensack alimony modification lawyer to handle every aspect of a motion for alimony modification.
Talk to an Alimony Modification Attorney in Hackensack Today
If you are facing new financial hardships that make it challenging or impossible to meet your spousal support obligations, it may be time for a change. You can make an application to the Court to reduce or terminate these payments, but a judge will only act if you meet the standard for alimony modification with compelling evidence.
Let a Hackensack alimony modification lawyer at Moskowitz Law Group advise you on your next steps. Call to schedule your initial consultation with our team today.
