Often asked: Can A Person Ask The Divorce Court Judge To Change How An Alimony Check Is Sent?

Can you modify spousal maintenance?

The Ability to Modify Spousal Support California Orders Unlike child support, a court order can terminate a previous jurisdiction over spousal support in California. In other words, the court can modify a spousal support order at any time in the future.

How can I reduce alimony payments in NJ?

If a payor’s income decreases then he can file a motion to request that the court decrease or terminate his alimony obligation. The payor spouse must demonstrate that the decrease in income and/or salary was bona fide, in good faith, and not reduced in order to avoid and limit alimony.

What is reasonable spousal maintenance?

The general standard in most locations holds that spousal maintenance can be awarded if the spouse lacks sufficient property, including marital property apportioned to her to provide for her reasonable needs and expenses, and is unable to support herself through appropriate employment.

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Can you change your mind about alimony?

Generally, there are 4 main ways to modify alimony: the receiving spouse either remarries or dies; the court is shown proof that the receiving spouse is cohabitating; and. both parties agree to change or terminate spousal support.

Can you fight spousal support?

You can fight alimony and you can win! This is the most common way that a spouse can fight alimony – when another spouse lies about their married standard of living. When a spouse is required to pay alimony that he or she believes is unfair, an attorney can request reconsideration by the court.

Can ex wife come after new wife’s income?

Since California is a community property state, the parent must include one-half of the couple’s community property on his or her tax return. The new spouse’s income could push the ex-spouse’s salary into a higher tax bracket, which could affect the after-tax income and thus the amount of child support owed.

How long do you have to be married to get alimony in NJ?

In terms of how long alimony should be paid, for marriages of up to 10 years or so, people are often agreeing to 1/2 of the length of the marriage (but again, if the matter actually goes to a trial, judges are bound by the law, which says that for marriages of less than 20 years, normally a judge can order alimony for

What happens if you don’t pay alimony in NJ?

New Jersey courts have held that a paying spouse’s willful (intentional) disobedience of a valid court order to pay alimony may be punished by contempt. So, if you live in New Jersey and your spouse has failed to pay alimony, a court might hold your spouse in contempt.

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Who is entitled to alimony in NJ?

In order to qualify for open duration alimony, you must have been married for at least 20 years.

Why moving out is the biggest mistake in a divorce?

That’s why moving out when you or your spouse decide that divorce is the only option is a mistake. Most courts consider the best interests of the child when determining the outcome of a divorce. The parent who decides to move out of the family home voluntarily limits access to their kids with that action.

Can my wife take everything in a divorce?

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

How do you prove spousal abandonment?

One such fault ground is “willful desertion and abandonment.” In order for a party to prove willful desertion or abandonment he/she must prove (1) that the deserting spouse intended to end the marriage; (2) that the deserted spouse did nothing to justify the desertion; and (3) the desertion was against the wishes of

Does living with someone affect alimony?

Yes. Cohabitation terminates alimony as long as the couple is living together on a continuing and conjugal basis. Paying spouse must file a motion for termination of alimony. The paying spouse can stop paying as of the date a court finds the cohabitation began.

Can I change my mind after signing divorce agreement?

If your divorce has already been finalized, but you and your ex-spouse wish to change your mind, there isn’t very much you can do, besides remarry. However, if you are still early on in the divorce process and you change your mind, you can still request to withdraw your petition or sign a form for voluntary dismissal.

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Do you have to pay alimony if your spouse refuses to work?

A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support.

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