New Jersey Divorce Lawyer Blog

Modifying a Support Order – Child Support v. Alimony

In New Jersey, the law allows you to modify an existing child support order or alimony award based on a ‘substantial change in circumstances’. However, the standard for modifying child support versus alimony greatly differs. As the economy worsens more and more people, mostly men, are seeking to petition the Court to change support orders.

First, child support orders can be reviewed by the Court for many different reasons including a change in either party’s income, additional children being born, or simply the passage of time. In addition, the standard at which the Court will review child support is based on the current circumstances of the parties and not the marital lifestyle. This standard makes it a lot easier to modify child support because current circumstances are often changing, whereas the marital lifestyle is what it was.

In contrast, modifying alimony can be a daunting task. Modification of alimony comes into separate steps. First, the party looking to reduce alimony must prove a prima facie case which shows a substantial change in circumstances. While trying to make this prima facie case, the moving party does not have the luxury of any type of discovery or financial information from the former spouse that is receiving alimony. That type of information is only provided once the moving party had shown that there is a prima facie case for a change in circumstances at which time the Court will order discovery and financial information by both sides.

After discovery is exchanged between the parties, the second step in the process is a plenary hearing in front of the judge where you have to prove that you are unable to continue to make the payments at the previous rate and that you are entitled to a decrease in modification. This standard is extremely difficult and New Jersey Courts have had difficulty keeping up with the times. I have seen the southern part of the state, for example Burlington and Camden counties, much more willing to listen to these alimony modification motions. However, the more northern or contral counties such as, Monmouth County, are having significant problems catching up with the economy and a modification of alimony is extremely difficult.

It is important that if you are interested in petitioning the Court to modify your child support or alimony, you do a significant amount of leg work including gathering up financial information to provide to your attorney in order to present the best case possible