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Alimony- Significant Change of Circumstances

Haddonfield, NJ |
Filed under: Alimony

Are these considered a significant change: 1- My property taxes have doubled in the past ten years 2- I have medical expenses which are now 35% of my income. 3- Was diagnosed with a disabling disease 4 years ago which has gotten worse. 4- I live far below the marital lifestyle - ex is living well above it but now claims they're in financial ruin. 5- Ex's income has increased by over 40%.

Attorney Answers 2

Posted

Well, you certainly present a persuasive argument! Often, a disabling disease that fractures your ability to be self-supporting can represent a significant change in circumstances. The other financial issues you mentioned can also manifest a significant change independently, if not collectively.

In the end, it all comes down to how we prepare the motion to modify alimony, and how we cultivate the evidence you have to make a convincing argument to the judge.

Under the prevailing case law, we are required to initially prove a "prima facie" case of significant change which results in economic impairment to you. If we can do that, then the court may permit us to engage in post-judgment discovery tactics in order to further prove your case.

Please contact me. I am a certified matrimonial law attorney in Camden County, and I am the author of the book, the Portable New Jersey Alimony Handbook. I'd be happy to help you.

Mark S. Guralnick, Esq.
(856) 768-7900

I'd be ah

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Posted

Most of what you mention could be changes however the language of your settlement agreement if any would be instructive. If your income has decreased because of your disease you will need medical evidence to that effect.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

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