Q: Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court in
Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.
My income is close to zero. He remarried, his new wife works. What should i do? And: can the new spouse's income be factored in in determining his ability to keep up the alimony payments?
A: You should retain an experienced matrimonial attorney to represent you in this matter and not take anything less than you are entitled to. If you cannot afford an attorney, then contact NJLS.
A: The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place between 2017 & 2019 to impact his ability to meet his court-ordered obligation? If he legitimately has a change in his financial setting between 2017 & 2019 ( i.e. lost his job and was out of work) then you and he should probably consider hiring a joint family law mediator to meet with both of you and review specific financial information requested to figure out if a change in the payments is appropriate. As a result of that process, you and he with the assistance of a divorce mediator can work out a new arrangement to address his "legitimate" concerns and hopefully permit you and him from ending up back in the courthouse. If an agreement is worked out in mediation, the mediator can prepare a consent order for modification of the support terms, which can then be submitted to the court for its signature ( which the judge will sign off on if you and your ex sign off on it first). This new order will then control whatever changes were agreed upon by your ex and you.
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