Legal Question in Family Law in New Jersey
Removing alimony, returning 50% pension if both parties agree
Me and my ex-wife has been divorced for 2years. She now resides in New Jersey and I live in Virginia.She has since retired from one job and started another full time. Can I have my alimony reduced because of the fact that she no longer has to depend on me for support? I also would like to know if both parties agree to having the alimony dropped and the 50% pension rights drropped, can that be done?
3 Answers from Attorneys
Re: Removing alimony, returning 50% pension if both parties agree
Thank you for your inquiry.
If both agree, a Consent Order can be prepared and submitted to the Court regarding alimony and pension rights. However, I need to learn more facts before determining whether or not alimony could be reduced.
As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: Ending Alimony
Alimony determinations can be changed (at least in NJ) based on substantial change of circumstance. Exactly what kind of change is "substantial" varies, depending on the facts and the Judge. Parties can come to a binding agreement to change Court Ordered determinations. Those agreements should be reduced to writing. The twist in your case, however, may be whether NJ or VA has jurisdiction. If no agreement can be reached, some Court will need to determine which state has jurisdiction before the factual issues are determined. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Mention Law Guru and your first consultation is free. Good luck! Rob Gleaner
Re: Removing alimony, returning 50% pension if both parties agree
If your divorce took place in Virginia, arrange to
consult with a Virginia attorney to see what
modifications might be feasible in the temporary support and the pension allotment which were awarded to your former spouse.