Previosuly ordered or agreed to alimony obligations may be modifiable of the payor can demonstrate a substantial change in circumstances. The change must be realized in good faith, through no fault of party seeking a reduction and must be more than a temporary change. If this initial threshold can be satisfied, it is appropriate for the court to scehdule plenary hearign to fully explore the issue. If you feel as though you are entitled to relief, it is best to seek the advice of an attorney as soon as possible.
FAMILY LAW — ALIMONY
20-2-7177 Plessinger v. Plessinger, App. Div. (per curiam) (8 pp.) Finding that it is clear that defendant satisfied his support obligation for more than six years, and that, although the parties dispute why he left his original employment, there has been a substantial reduction in his income, he has established a prima facie case of changed circumstances and the trial judge erred in summarily rejecting his application to modify his alimony and life insurance obligations. The panel therefore reverses the orders denying his application to modify his obligations or schedule a plenary hearing and granting plaintiff’s motion to enforce litigant’s rights, and remands for such discovery as the trial court deems appropriate and a plenary hearing to determine if his alimony and life insurance obligations should be modified and, if so, whether the reduction should be retroactive.
