The New Jersey Assembly Judiciary Committee voted unanimously to recommend passage of a bill that would allow a reduction in alimony or child support if the payor demonstrates a reduction in income due to unemployment or disability. While Family Part Judges have already had the power to grant such reductions upon a showing of changed circumstances, they have wide latitude to decide whether the reduction in income is temporary, or if it is voluntary. Judges have varied widely in the amount of attention they give to the current poor economy and its effect on earning power. The proposed added language in the Bill reads:
“The obligation to pay child support may be modified based upon
changed circumstances, which may include a diminishment of the
obligor’s income due to unemployment, temporary disability or
similar circumstances for a period lasting longer than six months,
unless the court determines that such diminution in income was
deliberately incurred by the obligor in order to evade such support
obligation or that the obligor has failed to make reasonable efforts
to secure alternative employment.”
This appears to me to be no more than a codification of existing practice, and it will be interesting to see how much difference a specific mandate like this will make in Family Part decisions. The intention of the sponsor, Representative Sean Kean (R-Monmouth & Ocean), is to ensure that financial issues between divorcing spouses are “fairly resolved and periodically assessed to ensure an undue burden is not placed on a person paying alimony.”
C. Megan Oltman
Call us with more questions at 732-438-3880 or visit our web site at www.strichlaw.com.
Disclaimer: Any and all information contained on this site is for informational purposes, and should not be utilized as a substitute for a full, in-person consultation with a lawyer in your State and familiar with your circumstances. Strich Law Firm, P.C. assumes no responsibility for any information contained on this site, and disclaims all liability in respect of such information. In addition, no part of this site shall be deemed to form any contract between Strich Law Firm, P.C. , and anyone viewing this site.
