QUESTION

Unemployment and temporary spousal support

Asked on Apr 11th, 2020 on Divorce - New Jersey
More details to this question:
I will be applying for temporary spousal support, if I get unemployed benefits will that affect the support? Thank you
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. There are various factors when determining if alimony applies. Additional facts will be required to better assist you such as information pertaining to prior employment and/or compensation. We also need information regarding the other party to help guide you as to any appropriate amounts of support, temporary or otherwise. We suggest you contact a family law attorney to discuss.
Answered on Apr 13th, 2020 at 7:52 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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 There are several issues presented by your question.      1. If you file an application for temporary modification of your support setting, when will the family part judge hear the application? The answer depends on which county the application is being made in since some counties are up and running and others are still having difficulty getting staff in to handle the volume of matters.   2. Under the statute governing modification of support claims based on "change in circumstance" settings, your former husband would be prohibited from filing that application  for 90 days from his termination -  so, whether the court may impose the same 90 day hold on your support modification application for 90 days from your termination of employment.  3. Filing an application for modification of support is not simple and too many people make mistakes when they file it and as a result, the court denies the application and then it may be too late to try and correct it by hiring a lawyer to refile the same or a similar  application. There are specific procedural requirements to the filing of that application and if they are not done right, the court can easily deny the application, placing you in a worse setting.  4. It may make sense for you to reach out to your former husband and ask him if you and he can work out a temporary arrangement to help you get through this setting without the need of an application to the court. He may want to avoid the courts intervention as well and may be willing to work out some temporary modification so as to avoid the court making the decision. If not, you may ask him to agree to the use of a family law attorney as a mediator to assist you and him in trying to find an interim solution, with both of you paying the lawyer to handle the issue and if an agreement is reached through his assistance, he can then prepare a consent order for modification. There are a lot of family law attorneys currently working with families today handling this exact issue through videoconferencing or by telephone.   
Answered on Apr 13th, 2020 at 7:09 AM

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