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I have paid alimony for 40 years in NJ. Is there a way to…

Customer Question
I have paid alimony...

I have paid alimony for 40 years in NJ. Is there a way to stop my payments.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NJ

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 6 months ago.Category: Legal
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Answered in 3 minutes by:
11/28/2017
Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,645
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

ANSWER: In order to stop paying alimony you'll need to petition the court to request that modification. In New Jersey, the court considers the following factors when the request is made:

  1. The actual need and ability of the parties to pay;
  2. The duration of the marriage or civil union;
  3. The age, physical and emotional health of the parties;
  4. The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
  5. The earning capacities, educational levels, vocational skills, and employability of the parties;
  6. The length of absence from the job market of the party seeking maintenance;
  7. The parental responsibilities for the children;
  8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
  9. The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
  11. The income available to either party through investment of any assets held by that party;
  12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
  13. The nature, amount, and length of pendente lite support paid, if any; and
  14. Any other factors which the court may deem relevant.

See: https://www.weinbergerlawgroup.com/alimony/factors-spousalsupport/ I hope I've answered your question. If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars). If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

H​I. I wanted to check back with you to see if you have all of the information you need.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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