The New Jersey family court may reference general guidelines to calculate how much alimony you, the higher-earning spouse, must give to your former spouse, the lesser-earning spouse. This may make the alimony order set in your divorce decree deemed a fair and just decision. However, you and your former spouse may endure significant life changes along the way, good and bad, that may make this order no longer reasonable. This is when you must inform the court that your alimony order is too high. Read on to discover what to do if you have been ordered to pay too much alimony and how a seasoned Bergen County alimony attorney at McNerney & McAuliffe can help you get a fair and just modification.
What factors are used to calculate an alimony order?
To reiterate, the New Jersey family court may look at a set list of factors when determining an alimony order. These factors may be similar to those considered when determining a child support order. They read as follows:
- The net income earned by you and your former spouse.
- The assets and debts belonging to you and your former spouse.
- The duration of which you and your former spouse remained married.
- The lifestyle of which you and your former spouse established while married.
- The child support order that has already been established by the family court.
- The decision of one spouse to stay home while the other pursued a career, if applicable.
- The decision of one spouse to sacrifice an education while the other pursued an education, if applicable.
What should I do if I was ordered to pay too much alimony?
If you are under the impression that you were ordered to pay too much alimony, then you must address this issue with the New Jersey family court. Specifically, this must be formally done by filing a post-judgment modification. Then, you must schedule a court date, where must present evidence of a substantial change in life circumstances that constitutes a modification being awarded. You must further use this evidence to prove that continuing to follow the current alimony order may be detrimental to you and your financial stability. Such evidence may consist of financial records and the like. And such qualifying circumstances may consist of the following:
- You have unwillingly been let go from your job.
- You have been diagnosed with a life-altering illness or disability.
- Your former spouse has gotten a new job in which they now make a significantly greater net income.
- Your former spouse has moved in with their partner and now shares living expenses.
- Your former spouse has gotten remarried and how has intermingled finances.
Even if you are just considering filing a post-judgment modification, you must consult with a competent Bergen County family law attorney from McNerney & McAuliffe. Call our firm today.
