Recalculating Support Due to a Loss of Employment

If you’ve experienced a loss of employment or income you may be entitled to have your alimony or child support obligation reduced.  The first consideration is when to make the request.  Child support generally cannot be retroactively reduced, so you should consider filing relatively quickly.  Alternatively, under the amended N.J.S.2A:34-23 statute, a loss of employment or income must have persisted for at least 90 days before an application to the Court is made to reduce alimony, and the Court can grant a retroactive reduction to the date the loss of income was first experienced.  For this reason, the timing of your application depends on whether you are trying to reduce child support or alimony.  .

In an application to reduce support, the applicant should provide a detailed explanation of why income has been reduced and the steps taken to increase income.  For this reason, it is important to carefully document your efforts to find employment at your prior level.  Having an attorney review the relevant criteria and help prepare a comprehensive application with the best proofs is crucial to getting a favorable result and anyone who needs to reduce their support obligation should consult an experienced family law attorney.   The attorneys at Maleski, Eisenhut & Zielinski, LLC can be reached at 908-237-9711 to help you best prepare the application to the Court.