This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Jersey Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition?
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FAQ
Hear this out loud PauseRetirement Upon Full Retirement Age The statute states that there is a presumption that once the paying spouse reaches their full retirement age, any alimony they are paying shall end. This presumption is rebuttable.
Hear this out loud PauseUnder New Jersey alimony laws and case law, if you retire at 67 years of age your alimony will be terminated (or reduced) upon your attorney proving to a judge of a New Jersey Family Court that your retirement was in good faith.
A paying spouse who has reached a normal retirement age (generally considered to be approximately 65, or the eligibility age for social security retirement benefits) is entitled to a court hearing to determine whether the retirement has resulted in changed circumstances calling for a reduction in alimony payments to ...
Hear this out loud PauseGenerally speaking, if the party receiving alimony gets remarried, alimony ends as of the date of the marriage. The only exceptions for that is if the alimony was in any way rehabilitative or reimbursement alimony.
New Jersey courts will only modify alimony previously agreed upon in limited circumstances. If you are the person requesting the modification, you'll have the burden of proving a significant change in circumstances and showing why the decrease or increase in payments is necessary.
Hear this out loud PauseIn most cases, alimony is temporary. But, if your marriage has lasted for more than 20 years, you may be eligible to receive permanent alimony.
If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
You and your spouse can amend your MSA after it is filed with the court if you both agree that a change is appropriate. In this case, you may consider attending mediation before either of you files a modification request in court. If one of you disagrees, the other can file a motion in court asking for a modification.
