Legal Question in Family Law in New Jersey
Forebearance
If my ex loses his job and has not found a new one, can he petition the court to withhold my alimony? Do I get to agree to ''forebearance'' or is it out of my hands? He wants to do this without a lawyer b/c he can't afford one. Can I still use one? Should I use one? Also, how does he go about changing the divorce decree? Will we have to go back to court? I don't know what else will come up, but I guess that's enough for now.
3 Answers from Attorneys
Re: Forebearance
I have read what the other attorneys have written. As usual, Jef is right on point. The other attorney is correct also.
You are probably not in the northern portion of New Jersey, where I am. So, I will strongly suggest that you go to an attorney now, an attorney who spends most of his or her time on divorce and has been doing divorce for several years. Have the lawyer look at the divorce judgment and give you some advice. You will have to pay the attorney for the advice; it will be worth it.
Please do not agree to anything until you get a lawyer's advice. You could lose thousands of dollars.
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Re: Forebearance
Depending on any prior agreement (1) Your ex can move for reduction of alimony as a change in circumstances, (2) you (or your attorney) can take any position you want before the Court (or work out an agreement), (3) you may have counsel even if he goes it alone, (4) there are not enough facts to answer whether you need a lawyer, (5) the Court can alter the support arrangement temporarily or otherwise with a Court Order.
You should talk with an attorney about the specifics of your case.
Re: Forebearance
Losing a job is a changed circumstance that can have an impact on your alimony. I would always suggest getting an attorney for these types of situations. My firms focuses on post-judgment motions such as this. It shouldn't be expensive and you will have a much better chance of having things done correctly.
My initial consultations are always free, so call me at 732/247/3340 to discuss your situation.