Any divorce will bring with it a myriad of questions that will need to be answered as well as many difficult situations that will need to be resolved. These will always include division of assets and in many cases alimony, child custody and child support. All of these issues are intertwined and any judgement will always be what the court finds to be most fair and in the best interest of any children involved. However, as we all know well, circumstance can and often do change. Understanding this, the court does allow appeals for modifications to both of these monetary judgments. Though similar, there are differences between the grounds under which a modification can be petitioned.
At Townsend, Tomaio & Newmark, our family law attorneys have a extensive experience with both alimony and child support modifications in New Jersey, and have aided many clients to improve their financial situations in communities across Bergen County including Hackensack, Paramus, Ridgewood, Teaneck, and Fort Lee. Our firm is well equipped to help you with the many legal ins and outs of modifying an alimony or child support judgement in a compassionate, knowledgeable, and effective manner. Get in touch with our legal team today in a free and confidential consultation regarding your unique needs and concerns. Contact us online, or through our Hackensack, New Jersey office at (201) 397-1750.
Reasons to Modify a Child Support Judgement in Teaneck NJ
After any divorce or separation both parents are obligated to support their children emotionally and financially. Upon divorce, child support responsibilities are established for each parent that represents fair and equal responsibility of each parent. However, the parent with the least custody time usually will need to compensate with monetary payments in order to off-set the costs for the parent who has possession and thus more direct financial responsibilities.
In New Jersey child support is determined by several factors, including each parent’s income, the number of children, the amount of time spent with each parent (custody agreement) and other expenses related to raising the child. All of these factors are taken into account at the time of the divorce. If one is seeking a modification to the original award there needs to be something that has changed. These include:
- Loss of employment
- Gaining a higher paying job
- Changes to parenting time (increase or decrease)
- Major health issues of the parent
- Major health issues of the child
- Permanent disability of the parent
- Change in expenses necessary to raise the child
- Additional children the parent needs to support
It is important to remember that either spouse can seek a modification to child support payments.
Modifying Alimony Payments in Ridgewood NJ
The primary difference between alimony and child support is that alimony is an arrangement between spouses. In many cases one spouse is the primary breadwinner and as such bears some responsibility for helping to support their former spouse in some part of their post-divorce life. However as with child support, changing circumstances can be grounds for changes in an alimony award.
The standard that must be met for the court to consider a modification of alimony is a “substantial change in circumstances.” This means that the change must be significant enough to have a material impact on the paying spouse’s ability to pay the existing order or on the financial needs of the recipient spouse. There are many common scenarios that usually give rise to requests to modify (reduce/increase/terminate) alimony, including the following:
- Loss of employment by either spouse
- Serious illness affecting the ability to pay
- Significant increase in the recipient spouse’s income
- Remarriage of the recipient spouse
- Changes in cost of living
- Significant unanticipated involuntary decline in earnings
- Business failure
- Substantial changes in your compensation package from employment
- Other significant changes impacting need and ability to pay
Remember that before attempting any modifications to alimony or child support it is recommended to consult an experienced attorney.
Contact our experienced Alimony and Child Support Modification Attorneys for a Free Consultation
With more than 75 years of combined legal experience representing clients in all types of family law issues, including modifications of child support and alimony, Townsend, Tomaio & Newmark has built a reputation for success and effective and attentive legal service with families across New Jersey and Bergen County, including Ridgewood, Hackensack, Paramus, Teaneck, and Fort Lee.