Legal Question in Family Law in New Jersey

Non modifiable alimony

I live in Mercer County, NJ. I was divorced in 2004. My agreement is clear that my alimony payment is non modifiable. When I signed this I was not told by my attorney that I could not change this but was told that if it ever became a ''hardship'' problem I could go back to court to have it re-negotiated. I have now lost my job in the finaincal world, have little chance of getting another job and am eating through my savings. My ex has two houses paid off and probably $1mm in cash and does not work. Can I claim some form of financial hardship, as in business version of a MAC or Material Adverse Change? I would have never signed this if I knew other wise. My alimony payment is paying for her savings and vacations and I have 9 more years to go.


Asked on 3/31/09, 1:26 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Non modifiable alimony

The Family Part of the Chancery Division is a court of equity. It is required to interpret documents in a fair manner. You have a shot at escaping the trap that you inadvertently placed your self in.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/31/09, 2:05 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Non modifiable alimony

In addition to what Mr. Moore said, a lot will depend on what your PSA actually says.

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Answered on 3/31/09, 2:34 pm


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