6. Who has the burden of showing a “change of circumstances†to seek a modification of alimony?
The spouse who seeks a modification of alimony has the burden of showing “changed circumstances.†If a party shows a change of circumstance then the court will grant the parties limited discovery. Basically, the parties will then exchange tax returns, pay stubs, and a CIS. The moving party must also prove that the changed circumstances have substantially impaired his/her ability to support himself or herself.
If the court believes that the motion to reduce or increase alimony has merit, then it will schedule the case for a plenary hearing. An alimony plenary hearing can be just as complicated and draining as a divorce case. The court will also issue a discovery order. Alimony reduction cases always seem to last forever. These cases are not as carefully scrutinized as the divorce cases are. It is not uncommon for a Lepis alimony case to be adjourned five or more times. The courts are overwhelmed and they really can’t handle all of their volume of cases.
However, before a court will grant a moving party a Lepis hearing, the moving party must convince the court that there are significant life events that warrant reducing alimony. This is certainly not an easy burden to satisfy. The courts do not take alimony reduction motions lightly. There must be compelling reasons to justify reducing alimony.
7. What factors does a court consider to evaluate a motion to reduce alimony?
When a court considers a motion to modify or terminate alimony, the overriding consideration is whether there has been a “change of circumstances.†A court must then compare the parties’ lifestyles at the time of the divorce to their current lifestyles.
In the seminal case of Crews v. Crews, 164 N.J. 11 (2000), the New Jersey Supreme Court held that in all alimony reduction cases, the court must compare the standard of living that the parties enjoyed at the time of the divorce to their current standard of living.
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