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I have a question regarding the new NJ permanent alimony…

I have a question regarding...
I have a question regarding the new NJ permanent alimony law. My husband got divorced before the new law went into effect and it was noted that any alimony before this was not affected at all. So my question - he has paid $19,240 a year for 10 years. He is retired and his annual income has decreased $30,000 and is now $40,000 after paying alimony. She works 4 hours a day driving a school bus with summers, holidays and weekends off. She has made no attempt to get a better job or increase her income and has gloated about the fact that she will be "screwing him the rest of his life" by making him pay. She received $266,000 10 years ago from QDRO and has received some compensation from her mother's estate after her passing. She makes about $19,000 on her own. She is also entitled to around $1,000 or more from his social security when she turns 62 this year. She plans to quit her job, live off of his alimony and the $1,000 plus her money from his pensions. He is hesitant to go to a lawyer about this because it will cost money he doesn't really have and judges always lean toward the ex-wife. Does he have any chance at all of getting this ridiculous amount reduced?
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Answered in 7 minutes by:
1/11/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

He has the ability to seek to get alimony decreased based on the decrease to his income unless the order states that it can never be modified. He can also ask the judge to decrease her alimony based on the fact that she will be getting additional income from social security, and that she is now eligible to take withdrawals from his retirement accounts. He could also use her mother's inheritance to help show that she doesn't need alimony anymore.

It's not necessary to hire a lawyer to file this, he can do it on his own. However, if he's going to need documents showing her bank account records, her retirement account balances, and things like that, a lawyer can help with that aspect.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 1 year ago
What are his chances? He's not going to spend $15,000 for a lawyer for the judge to say that he won't decrease it. Does her small income have an affect on this? Does the fact that she refuses to get a better job weigh in?

Again, he doesn't have to pay a lawyer at all. He can do it on his own. It's impossible for us to give accurate odds through this site, because we can't review the entire case file. But judges do reduce alimony when the paying spouse's income has decreased, especially when the other spouse's income and assets have increased.

The fact that she refuses to get a job would have more weight if she was working full time during the marriage, or if the judge told her to find a job at the time. If she was only ever working part-time, that might not count against her as much as the other things you mentioned.

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Do you have any other questions about this?

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 year ago
There was no new information in her response. It was just general. I know he is able to contact a lawyer. I was wondering if the law of alimony had changed for retirement since the new law of no more permanent alimony was enacted. It was no helpful at all.

Your question was "Does he have any chance at all of getting this ridiculous amount reduced?" That is the question I answered. I apologize that I did not know that what you really wanted to know was if the alimony law had changed, and I apologize that you did not convey that information when I asked if you had more questions.

The law unfortunately has not changed with regard to alimony orders that were entered before the no permanent alimony laws were passed. If it had, I would have mentioned it. I didn't think it would be helpful to tell you the law hadn't changed when you seemed to already know what the current law is.

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