Legal Question in Family Law in New Jersey
Alimony and child support reduction
My wife asked a question yesterday regarding getting alimony and child support reduced. Her figures were off so I'd like to re-submit this question. My payments were based on me making $276,000 and my ex making $40,000. Over the past 3 years I average $196,000/year but I'm not sure what my ex is averaging. Is there a ''legal'' way to find out my ex's salary without going through discovery? I believe she is making more as the Director of National Accounts for a private pharmaceutical company than the $40,000 my alimony and child support payments are based on. Is my $80,000/year decrease enough incentive to seek a reduction? Does my current wife's $40,000 salary factor into any of this? My biggest fear is that going back for a new judgment will increase my payments. Thanks for any advise you can offer.
3 Answers from Attorneys
Re: Alimony and child support reduction
I think your current wife put a message up here recently. I will tell you the same thing I told that person (if it was her or not):
Category: Family Law, Divorce, Child Custody and Adoption
Location: NJ
Subject: Revisiting alimony and child support
My husband's alimony and child support payments total $70,000 per year. The amounts he is required to pay were based on his making $276,000 and his ex-wife making $40,000. Over the past three years his salary averages $180,000 and her's $80,000 (per year). Would it be to our benefit to revisit alimony and child support with our lawyer to possibly get it lowered? Thank you!
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=176001988
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Category: Family Law, Divorce, Child Custody and Adoption
Location: NJ
Subject: Re: Revisiting alimony and child support
Good God, yes!! if there is any material change in the income or expenses of your husband or his ex-wife, then you should look into it.
With this much money involved, make sure you have a smart, experienced divorce attorney.
Good luck to you both. I am available to assist whoever calls me first, I think!! let me add also, If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. The consultation may be free, speak to me and I will let you know ahead of time.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation
Re: Alimony and child support reduction
The starting point is either your settlement agreement or the court's decision if the issue went to trial to see what it says about the support obligations. Then dig out your most recent Case Information Statement. You'll need to prepare an updated one. Then put in writing all the reasons your income decreased. Then I suggest you go back to your divorce lawyer or another lawyer of your choosing to discuss the issue and possibly to file a motion seeking a reduction. Good luck.
Re: Alimony and child support reduction
You are in line for a reduction. Also you have a reasonable basis for demanding that your wife provide you with recent income documents.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com