Legal Question in Family Law in New Jersey
I was married 23 yrs div 8. I was injured at work that resulted in 3 vertabra lumbar spinal fusion with triple laminectomy and discectomy. My alimony is due to expire Dec 2012. I was denied SSD because i hadn't worked long enough. I worked sporatic part time jobs through my marriage. I applied for SSD also under his SS account but i'm to young 52, and he needs to be deceased. I'm looking into whether i can reopen the divorce to extend and increase alimony. Article 2 Spousal Support reads: The husband's obligation to pay alimony shall continue until December 2012, unless terminated by one or more of the following events: C reads, Repudiation or modification of the agreement by mutual consent of the parties, provided said repudiation or modification is in writing and duly signed and witnessed.
My 3 children are 23,25,27 so child support isnt an issue.
I should also mention that my ex has a law degree and was his own lawyer in the divorce and will probably handle this too. He works for a CRO, not a practicing attorney.
I'm in Hunterdon County, Flemington NJ.
1 Answer from Attorneys
"[M]odification of the agreement by mutual consent of the parties, provided said repudiation or modification is in writing and duly signed and witnessed."