Can Alimony Or Child Support Be Modified?
Alimony and/or Child Support can be modified based upon a substantial and permanent change of circumstances. The Court will analyze the following factors:
- Reason for loss of income;
- Payor’s documented efforts to replace employment or pursue an alternate occupation;
- Payor’s good faith effort to find employment at any level or field .;
- Payor’s income, payor’s circumstances and payor’s efforts to obtain employment in light of those circumstances and existing opportunities;
- Payor’s health and how it affects ability to obtain employment;
- Severance awards in connection with loss of employment;
- Changes in the respective financial circumstances of the Parties that have occurred since the date of the Order which modification is sought;
- Reasons for the change in financial circumstances, including extent to which the change is attributable to enhance earnings or financial benefits received since the date of the Order;
- Whether a temporary remedy should be entered contingent upon terms which can include continued efforts to regain employment by the payor;
- Any other factor that the Court deems fair and equitable.
When Can Child Support And/Or Alimony Be Terminated?
Child Support may be terminated when the child becomes emancipated. Emancipation is defined as the earliest of the happening of the following:
- Reaching the age of eighteen(18) years and not being enrolled as a full-time student in high school or college or post-high school training program;
- Permanently residing away from the residence of the parties. A residence at boarding school, camp, or college is not to be deemed a residence away from the parties, and hence, such residence at boarding school, camp or college is not an emancipation event;
- Marriage of the Child;
- Entry into any armed forces of any country;
- Engaging in or having the ability to engage in full-time employment after attaining the age of eighteen(18) years, except that (i) engaging in partial or part-time employment while in school shall not constitute emancipation; and (ii)engaging in full-time employment during vacation and summer periods while attending school shall not constitute emancipation ;
- Completion of undergraduate college degree or completion of five years of full-time college, whichever occurs earlier.
- Child reaches the age of twenty-three(23) years.
Alimony will be terminated upon the re-marriage of the party receiving alimony, death or Court Order. Alimony may be terminated or suspended based upon cohabitation with an unrelated person.
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