Once a court rules an alimony case, this does not mean that it is set in stone forever. In many cases, circumstances change and the courts must reevaluate what has been ruled. This is known as modification of alimony.
In some cases, a request may be made seeking to revise alimony payments when there is a substantial change in circumstances for one or both parties. Before this will take effect, the person seeking the change must demonstrate for the court that the circumstances have changed. Some of the decisions relied upon by the court are:
The burden falls on the person seeking the modification to prove that “circumstances have changed.” The parties will be required to exchange such financial records such as tax returns, CIS and pay stubs to show the impact of the change.
When filing an application to modify alimony, the person requiring modification carries the burden of proof to demonstrate a change in circumstances. If a judge finds there has been an initial demonstration of changed circumstances, the respondent’s ability to pay becomes the one of the factors a court will consider in determining whether there should be a modification. After the exchange of information, the court will schedule the case for the plenary hearing. The plenary hearing can be as complicated and difficult as a divorce trial.
When it comes to modification of alimony, each case is unique. You need an experienced attorney, like the ones at Arons & Solomon to review your case and provide guidance on how they can help you.
There are circumstances requiring alimony to be terminated completely. One such circumstance is when the recipient of the alimony is cohabiting with a boyfriend or girlfriend in a situation similar to that of a married couple.
When considering Property Settlement Agreements, NJ attorneys have at times drafted specific clauses to define the circumstances upon which alimony might be terminated. Contact the experienced attorneys at Arons & Solomon to help you with terminating alimony.
If you have questions about modifying alimony due to a change in circumstance, contact the attorneys at Arons & Solomon today to help you with your case. You can reach someone on our legal staff at (201) 487-1100 or online at www.AronsSolomon.com.