If your spouse depended on you for financial support during your marriage, you can expect to pay alimony or spousal support as part of your divorce settlement. The amount you’ll pay will be based on your spouse’s needs and your financial situation at the time of your divorce. As you might expect, your situation can change over time, and when it does, you’ll want to speak with your New Jersey divorce attorney to get the process started. But what does that process look like? Here’s what you need to know.
Understand When You Can Request Modification
To request modification, you must be able to show the court that it’s necessary. The circumstances can very, but these are a few common reasons why you may be able to request modification:
- You’ve lost your job or retired.
- Your ex-spouse recently had a significant increase in their income, and no longer qualifies for alimony.
- Your ex-spouse recently started living with a significant other or got married.
- Your cost of living increased dramatically.
- You developed a serious medical condition that requires more of your income to treat.
Keep in mind that this list is far from comprehensive. Your New Jersey divorce attorney will be able to help you determine if a modification is worth pursuing.
Contact Your New Jersey Divorce Attorney
As soon as you think you’re interested in a modification, schedule an appointment with your attorney. They’ll help you consider your circumstances and can determine if the court is likely to grant a modification. If they determine that you’re eligible for alimony modification, they’ll help you start the process and guide you through everything step by step.
Collect the Necessary Evidence
As part of the process, you’ll need to collect evidence to show the court that the modification is necessary. The type of evidence you’ll need to submit will depend on why you’re requesting the modification. However, you can expect to need to collect things like:
- Financial statements
- Employment records
- Medical records
- Changes of address
Again, your attorney will help you figure out what you need to submit and may be able to help you compile the necessary evidence as you prepare.
Pay the Filing Fee
Requesting an alimony modification is a court action, and this means you’ll need to pay the filing fee with the court to initiate the process. This fee lets you file a motion requesting the modification and sets you on the path to schedule a hearing before the judge. The fee will depend on your location, and the court you’re filing in.
Negotiate With Your Ex-Spouse
Typically, most alimony modifications start with negotiations between the ex-spouses. These negotiations are guided by each party’s attorneys and gives you a chance to avoid costly legal proceedings and court hearings. Ideally, you and your ex-spouse will be able to come to an agreement about your alimony payments during the negotiation phase. But if you can’t, you can take the discussion to court and let the judge rule based on the evidence you submit.
Attend All Necessary Court Dates
If you do need to go to court, be sure to attend all court dates. This is your opportunity to show the court why the modification is needed, and why your spouse shouldn’t be getting the full amount they have been. Your New Jersey divorce attorney will be at each hearing to represent your interests and help you achieve a fair settlement. Keep in mind that the decision is ultimately up to the judge after they hear both sides and examine the evidence provided. They may not always agree with your request for modification. If this happens, you may be able to try again.
Modifying Alimony Is Possible
Modifying alimony payments is possible, but you’ll need to work with an experienced New Jersey divorce attorney to set your request up for success. At Carvajal Law, we’re here to help. Contact us today to schedule a free consultation.