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Filing a motion in reference to Social Security

Rutherford, NJ |

When my ex-husband lost his job he filed a motion to lower my permanent alimony payments. Now that he is of age to receive SS (which I believe he doing) can I now file a motion to increase my alimony? At this time he would be receiving both unemployment and Social Security, which of course means he has a greater income than when he filed for the initial reduction.
Thank you for your responses.

Attorney Answers 4

Posted

Support obligations are modifiable upon a permanent change in circumstances. Unemployment is generally not considered a permanent change in circumstances to warrant modification. Receipt of unemployment benefits is a temporary occurrence. I would consult with an attorney to look over the prior motion and evaluate the current circumstances to see if there is a basis to request an increase of alimony.

This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.

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Asker

Posted

Thank you. The reason I questioned it at all is because I'm fairly sure he will never go back to work and will receive unemployment until he can no longer qualify. Thank you again.

Posted

Yes, you may file a motion due to changed circumstances. Be sure to include the prior orders.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Asker

Posted

Thank you, that's exactly what I've been trying to understand.

Yolanda Navarrete

Yolanda Navarrete

Posted

You are welcome.

Posted

if his income would be greater than it was at the time of the modification, then you should feel free to try to increase the alimony.

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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Asker

Posted

Thank you very much. That's exactly what I was trying to understand. I appreciate your help.

Posted

This is not a straightforward answer as you are probably seeing from those attorneys who have responded. In order to get an increase in alimony, financial changed circumstances is the factor. However, that slices both ways. You first also must show a need for an increase at this point in time.

Also, on the issue of your ex husband's income, you should double check to see if the unemployment benefits he is receiving will be offset by the Social Security benefits to determine his actual income and whether that amount is substantially higher than at the time of the initial reduction.

I would certainly be willing to discuss this more thoroughly with you. If you would like to schedule a consultation, please feel free to call my office and visit our website at www.rsfamilylawyers.com. Thank you.

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