What if I Was Ordered to Pay Too Much Alimony?
A divorce can be devastating in many ways. You could lose half of your money and assets. You may have to pay a lot of money in child support. You may have to sell the marital home and look for a new place to live.
Another thing you need to consider is alimony. Alimony refers to court-ordered payments from one spouse to another in an effort to provide financial support to a spouse who earns little or no income.
There are several types of alimony allowed in New Jersey. Alimony may start during the divorce process and potentially last for the rest of the recipient’s or payer’s life. This is a long time, and there is a possibility that, as a payer, you may think you are paying too much alimony.
Alimony is based on many factors. You may be ordered to pay a large amount monthly for many years. A lot can happen during that time. You may lose your job. You could end up disabled and unable to work. You could end up retiring in your 60s.
What if you are paying too much alimony? What options do you have? The main option you have is to get a modification. Here’s a look at how this works.
Modifying Alimony
Alimony is outlined in N.J. Stat. § 2A:34. There is no specific formula for judges to use when calculating spousal support, so this gives judges a lot of leeway in determining an amount to pay the recipient. In general, courts will consider the difference between the spouses’ gross income and come up with a fair agreement based on the income of the higher-earning spouse as well as the lifestyle the spouses enjoyed during the marriage.
If you do not agree with this, there is not really much you can do unless the recipient agrees to accept a lower amount, which is highly unlikely. However, if you can truly prove that you’re paying too much alimony, you may qualify for a modification.
Alimony orders are often modifiable if there is a significant change in circumstances, such as:
- A decrease in your income.
- An increase in your ex-spouse’s income.
- A job loss or major financial setback.
- Health issues affecting earning capacity.
- Your ex-spouse remarried or entered a new cohabitation arrangement.
To modify the order, you would need to file a petition in the court that issued the original alimony order and present evidence supporting the change in circumstances.
Appeal
If you believe the original alimony order was unreasonable or not calculated properly, you may be able to appeal if you cannot prove a change in circumstances. However, appeals are complex and often require evidence of legal error in the original decision. You should consult with a lawyer for legal help.
Contact Us Today
Alimony can be excessive, especially if the recipient has gone back to work, the payer has lost their job, or the recipient is cohabitating with someone else. There are many factors that can affect alimony payments.
Have questions or concerns about fairness? Seek legal help from a Cherry Hill family law attorney from Fiore Law. Put an experienced lawyer on your side and get results. To schedule a consultation, give us a call at (856) 214-8964 or reach out online.