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Although you may have an alimony or child support order entered following your separation or divorce from your partner or spouse, over time the circumstances under which that order was entered may drastically change. You or your former spouse or partner may experience job or income loss, a substantial increase in your income, a substantial increase in personal expenses, disability or medical issues, or a substantial increase in your child’s expenses and needs. When these events happen, it may become necessary to seek modification or termination of your family’s support order.
If You Have Questions About Modification and Termination Of Family Support? We Can Help, Tell Us What Happened.
Getting the court to modify or terminate an existing order will require proving changed circumstances, as that term is defined by law. You can greatly improve your chances of securing a modification or termination of an existing support order (or defending against a modification or termination that you oppose) when you have experienced legal representation in your corner. Contact Team Law today to set up a no-cost initial case evaluation to discuss your rights and options for pursuing or stopping a modification or termination of an alimony or child support order and to learn more about how our firm can help you protect your or your children’s interests.
When one party files a request to modify or terminate alimony or child support, the court will consider whether changed circumstances exist to warrant modification of a support order. Under New Jersey law, “changed circumstances” means changes that are:
If the court agrees that changed circumstances exist to warrant modifying or terminating a support order, then the court will evaluate the terms of a new order according to the factors and standards for an initial alimony or child support order. After calculating a support amount based on the state Child Support Guidelines, the court may chose to look to other factors for a child support order, including:
Factors that courts consider in establishing alimony orders include:
Whether you are seeking a modification of your alimony or your children’s child support to reflect new expenses or your ex’s substantial increase in income, or if you are looking to modify or terminate your support obligations due to loss of employment, your former spouse’s or partner’s remarriage, or your children’s emancipation, Team Law can help you assert your and your family’s rights and interests. Our attorneys can thoroughly investigate your situation to recover the evidence needed to establish changed circumstances and to establish how the support obligation should be modified or even whether the obligation should be terminated altogether. We understand the importance that alimony and child support obligations can play in ensuring fairness and equality when a family splits up, which is why our attorneys will work tirelessly to help you secure a modification or termination where necessary to ensure support obligations are fair for your family.
If you are seeking a modification or termination of child support or alimony obligations or benefits, or facing a petition to modify or terminate benefits you or your child may be entitled to, let a skilled family law attorney fight to protect your or your family’s rights and interests. Contact Team Law today to schedule a free, no-obligation consultation to discuss your legal rights and options and to learn more about how our firm will fight to get you and your family the results you need and deserve in your modification/termination matter.
Generally speaking, you may be entitled to pursue modification or termination of child support or alimony obligation if you can demonstrate that your or your family’s circumstances have substantially changed since the original order was implemented. Proving changed circumstances will require substantial evidence, including evidence that may be in your ex-spouse’s or ex-partner’s possession, so you may need experienced legal representation who knows how to build a strong, persuasive legal case to demonstrate changed circumstances and argue for a modification or termination of support obligations.
In many cases, loss of a job or a substantial loss of income (such as a downturn in a business you own and operate) may constitute changed circumstances that may lead a court to grant modification or termination of your support obligations. However, the court may require you to show that your loss of income or financial difficulties were not anticipated by you, or that you are not intentionally under-employing yourself; courts will maintain your support obligations if they determine that you are intentionally trying to manipulate the system to avoid support obligations.
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Family Law Information Center