Asked in Divorce for New Jersey

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?

Related Topics:
2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

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.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.