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What Proof Do I Need for an Alimony Modification?

You may have valid reasons for wanting a change to your established alimony payment schedule. But you cannot take it upon yourself to adjust the amount of payments you make. Rather, you must prove your valid reasons to the New Jersey family court, and from here, the judge may order a new plan. Read on to discover the proof you need to get an alimony modification approved and how one of the seasoned Somerset County alimony lawyers at the Law Offices of Kisha M. Hebbon, LLC can help turn this into a real possibility.

What proof do I need to get an alimony modification approved?

If you want the New Jersey family court to grant an alimony modification, you may need to prove that you experienced a significantly negative change in your financial situation. Then, you must prove that this change was involuntary and beyond your realm of reasonable control. Lastly, you must prove that, given this change, you can no longer sustainably fulfill your current alimony obligation.

Evidently, there is a burden of proof you must fulfill for this. The type of evidence you present to the court may depend on the exact life change you underwent. For example, if you claim you recently got laid off from your job, you may submit the notice of termination you received from your employer. This should be filed with proof that you have been actively applying to relevant jobs in your field since then.

Or, if you express you recently got a life-altering medical diagnosis, you may provide a statement from your treating physician and copies of your medical records and bills. This may be provided alongside proof that you have applied for or are already receiving assistance from a government-funded program (i.e., Social Security Disability Insurance benefits).

Lastly, if you believe your former spouse has become financially stable since your divorce, you may request they bring a list of their assets and liabilities.

What steps do I need to take to get an alimony modification?

You must file a motion with the New Jersey family court to formally request a post-judgment modification to your standing alimony order. To reiterate, with this motion, you must explain what you want to change to your current alimony arrangement and why.

All these relevant documents must be uploaded to the Judiciary Electronic Document Submission system or mailed to the court that handled your original divorce proceedings. Of note, these must be uploaded or filed alongside a mandatory $50 filing fee. Further, if uploaded electronically, you must send mail a copy to your former spouse within 24 days of your scheduled court date. Or, if mailed, you must do so within 27 days.

Contact one of the competent Somerset County family lawyers to gain the emotional and legal support you require during this pivotal time. Our team at the Law Offices of Kisha M. Hebbon, LLC looks forward to helping you.

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