Contrary to popular belief, alimony payments are not set in stone, and may be modified based on a variety of factors. New Jersey state law allows for alimony modifications any time circumstances have changed significantly and permanently, with one of these circumstances being the loss of employment.
Here we will take a close look at the NJ laws relating to reduction in alimony after a loss of long-term employment.
Alimony Laws and Loss of Long-term Employment
Under the New Jersey alimony statute N.J.S.A. 2A:34-23, an individual and their Morris County alimony modification attorney may petition for a change in alimony obligations in the case of a loss of long-term employment, but only after 90 days of unemployment.
In order to convince a Morris County alimony court to reduce alimony payments, you and your Chatham alimony attorney must prove prove that the loss of long-term employment has resulted in significant change in your financial position, and that the change is not temporary. A temporary change in the financial circumstances cannot be made the basis for a modification (Innes v. Innes, 117 N.J. 496, 569 A.2d 770 (1990).
What a Morris County Alimony Modification Court will Consider
While the court allows an individual to seek modification of alimony based on loss of employment, the modification is not guaranteed.Many different factors are considered by the court before making a judgment, and having an experienced Mendham NJ alimony modification lawyer can significantly improve your ability to demonstrate the necessity and validity of your alimony modification request. Some of the factors that are taken into consideration by the court include the following.
- Reasons for the loss of employment
- The health of the petitioner and their ability to secure another job
- The documented effort of the petitioner to find another job in the same field or pursue another career
- Whether the petitioner is making a reasonable effort in good faith to seek reemployment
- The income of the supported party and whether they are making reasonable effort to seek employment in view of the changed circumstances
- Whether the petitioner has received a severance pay due to loss of long-term employment
- The extent of the financial difficulties caused by the loss of the long term employment
- Any other factors the alimony modification court deem relevant to the hearing
Resolving a Morris County Alimony Modification Petition
If you and your Chester alimony modification attorney are successful in demonstrating to the courts the need to modify your alimony payments, several outcomes are possible. The court may decide to:
- Order a temporary modification of alimony while you search for another job
- Order a permanent reduction in alimony support
- Order the alimony to be paid in the form of assets
- Order a periodic review of financial circumstances
Contact a Morris County Alimony Modification Attorney Today
At The Law Office of Laufer, Dalena, Cadicina, Jensen & Bradley, our family law attorneys have extensive experience helping clients across Chatham, Chester, Mendham, Mt. Olive, and the greater Morris County area with their alimony and alimony modification issues.
Any time such a financially impactful issue such as alimony or an alimony modification is at stake, it is critical that you retain experienced legal counsel to help you through the process, and ensure that your financial rights and future are properly protected. By practicing exclusively family law, our attorney team can provide you with the knowledge, experience, and highly effective service that you need to successfully resolve any alimony dispute.
To speak with one of our alimony attorneys today in a free and confidential consultation, please contact us online or through our Morristown office at 973-975-4043.