Can I Modify Alimony Payments Due to Job Loss in NJ?

Question from Deb, Can I Modify Alimony Payments Due to Job Loss in NJ?

Answer from AI:

If you are paying alimony to your husband in Passaic County, New Jersey, and you have lost your job, you may be wondering if you can modify your alimony payments. The loss of a job and changes in financial circumstances can be grounds for modifying alimony, but there are specific steps you need to take and legal standards that must be met.

Understanding Alimony Modification in New Jersey

In New Jersey, alimony can be modified when there is a significant change in circumstances. Job loss can qualify as such a change, but you must be able to demonstrate that the change is substantial and ongoing, not just temporary.

Here are the general steps you might take to seek a modification of alimony:

1. Review Your Alimony Agreement or Court Order: Check if there are any terms regarding modification or circumstances that might affect payments.
2. Gather Documentation: Collect evidence of your job loss, severance package, debts, and any efforts to find new employment.
3. File a Motion: You will need to file a motion with the court in Passaic County that originally issued the alimony order, requesting a modification of the alimony payments.
4. Attend a Hearing: The court will likely schedule a hearing where both parties can present their case.

Legal Precedents and Successes

While there are no guarantees of success, there have been cases where individuals have successfully modified their alimony payments due to job loss. The court will consider several factors, including:

• The reasons for the job loss (e.g., if you were fired for cause, it may be less sympathetic than a layoff due to economic conditions).
• Your former spouse’s need for alimony and ability to support themselves.
• Your current financial situation and efforts to mitigate the loss (such as seeking new employment).
• The duration and amount of the severance package.

Legal Advice and Assistance

It’s important to note that modifying alimony is a legal process, and the outcome can vary depending on the specifics of your case. Therefore, it’s highly recommended that you consult with a family law attorney who can provide personalized advice and represent your interests in court.

Self-Help Resources

For those who cannot afford an attorney, there are self-help resources available, such as:

• Legal aid societies that offer free or low-cost legal services to those who qualify.
• Online resources and guides provided by the New Jersey Courts, which can be found on their Self-Help Resource Center.

Remember, while you may be facing financial difficulties, it is important to continue making alimony payments until the court has approved a modification. Failing to do so could result in legal penalties.

In conclusion, while job loss can be a valid reason to request a modification of alimony payments, success depends on your ability to demonstrate a significant change in circumstances. Legal advice is crucial, and you should act promptly to address the situation with the court.