In 2014 New Jersey’s alimony laws were amended following a joint effort between divorce lawyers and the legislature to “modernize” our states’ alimony statute. One of many changes involves how New Jersey courts would interpret cases wherein the payor of alimony attempts to eliminate (or lower) their alimony payments due to losing a prior job wherein they were employed for a lengthy period of time and has now gained new employment. However, the new job provides a “significant” reduction in income that, in turn, compromises their ability to pay alimony at the same level as previously agreed upon in the Property Settlement Agreement prepared by one of the attorneys in the case or ordered by a judge of the Superior Court of New Jersey following a trial.
In a recent case the payor of alimony was successful in obtaining a decrease in their alimony payments. First, the amount of alimony payments was lessened in amount when the payor lost their job (which must be W-2 job as per the amended alimony statute) and has successfully proven to the court that they made a realistic effort to obtain a similar job with comparable employment.