Legal Question in Family Law in New Jersey
IS IT POSSIBLE FOR ALIMONY TO BE REDUCED OR ELIMINATED IF YOUR WIFE MAKES MORE MONEY THAN YOU DO AFTER THE DIVORCE, EVEN IF YOU AGREED IN YOUR DECREETO PAY ALIMONY NO MATTER WHAT?
Male friend of mine divorced 2yrs . He has 2 kids 12,15, pays child support & alimony ($375.00 per/wk) to his wife of 14 yrs (when divorced). He was earning approx. 90k as a car salesman at time of divorce & she worked part-time, making about 40k/yr. Since the divorce he's making about 35-40k/yr. & is not able to make his mthly obligation. Her Part-Time job turned Full-Time & she makes approx. +20k more than him a yr. His wages are attached so his family gets whatever he could give them. She is always taking him back to court for non-payment. He always shows up, but she sometimes doesn't . He's supplied the courts his W2's, tax returns, check stubs & high credit card bills. He charges everything in order to live & wants to show the courts he's for real, but the courts don't seem to care about him or his future. I thought a change in circumstance would warrant at least a look at the current situation, especially if the man is living paycheck to paycheck. He doesn't want to shirk his responsibilities, and would be happy to pay if he was still making his old salary. He's asked her to supply financials, but she refuses to come through with the paperwork, because I think she will look pretty good on paper and the courts don't make her comply, they just waive her right to show any financials. He left her the house and took nothing from it, so she was left with the mortgage that he was paying when he left. She has since added a Home Equity Loan to her mortgage and can't pay it, therefore she's going after him for everything she could get. Is there any justice for the man in this situation?
2 Answers from Attorneys
There is justice IF he pursues it
He should obtain a lawyer and file for a modification
I don;t know what the agreement says, so i cannot tell you if it can be changed...
He really has to become proactive
He is welcome to call me for a chat at no charge
Saul H Segan
215 732 4000
www.saulhsegan.com
Best wishes,
It depends on what his Agreement says. He may be able to get a reduction, but he won't know unless he consults with an attorney.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner
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