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%.
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.
I'd be ah
Divorce / Separation Lawyer
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.
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