It is well - settled that a Court may reject requests for alimony and child support modification based on circumstances which are only temporary, voluntary or which are expected but have not yet occurred. 

However, in two fairly recent unpublished cases, the Appellate Division has recognized the effect of the economy on certain industries in determining whether a change of circumstances is temporary or permanent. Specifically, In Ray v. Ray, (A-4068-07T3), the Appellate Division upheld a trial Court’s finding that the payor Husband had experienced a permanent change of circumstances due to the effect of international outsourcing on the Husband’s computer business, which outsourcing caused a significant decline in the Husband’s business profits and also compelled him to obtain a full-time job. Similarly, in Coleman v. Coleman, A-0440-09T30440-09T3, the Appellate Division reversed the trial Court’s finding that the payor Husband had failed to demonstrate a prima facie case of changed circumstances based on the downturn in the economy and its effect on the financial sector.  The Court reasoned as follows:

“As the trial judge recognized, our Courts have consistently rejected requests for modification based on circumstances which are only temporary. We note, however, that husband has presented prima facie evidence that his income through 2009 has been substantially below the income assumption set forth in the parties’ MSA. As we recognized in Larbig, “there is, of course, no brightline rule by which to measure when a changed circumstance has endured long enough to warrant a modification of a support obligation. At some point, a reduction in earned income may be more than merely passing or temporary, particularly in view of the drastic downturn in the financial market and brokerage related jobs in which the Husband is employed. Although we refer to the discretionary decisions of the Family Part judges in these types of matters, we are satisfied that the husband’s certifications and supporting documentation were sufficient to demonstrate the existence of a genuine issue as to material facts and establish a prima facie case warranting the exchange of discovery and a plenary hearing.”

Obviously, whether one’s employment situation represents a permanent or temporary change of circumstances is a highly fact-sensitive analysis.  Please contact us today to discuss your precise financial circumstances.

Call us with more questions at 732-438-3880 or visit our web site at www.strichlaw.com.

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