Legal Question in Family Law in New Jersey
Alimony
My ex husband is taking me to court today to reduce alimony by half. Since our divorce in '05, he has put himself in great debt and feels my alimony is a burden with his ''reduced'' income, to which i cannot prove because he owns his own business. I am handicapped, do not currently work and raise three children. Are there any legal cases to which i can refer in my defense? Thanks. Rita
2 Answers from Attorneys
Re: Alimony
I would try to call legal services. They may be able to help you. This is not going to be as easy as just citing to a case. You need to just tell the judge what you just said. First, having debt does not reduce income, it just reduces the money left over after paying his debt. Income only gets reduced if you lose your job or switch to a lower paying job. To show that he has reduced income, he needs to his tax returns. If he did switch to a lower paying job, why did he do that? He cannot do that just to avoid paying you.
Keep it as simple as that and you'll do better.
Re: Alimony
He can try. the question is whether his new circumstance is a product of his voluntary actions as opposed to circumstances beyond his control.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com