Have you recently been laid-off from work or received a drastic decline in salary? Are you having trouble meeting your child support or alimony payments due to the substantial and permanent change in your financial circumstances? Do you feel as if there is no place to turn?

There is no need to stress about your financial worries when you can file an application to decrease support with the Court. Although the Court system is there to review your case, there is a two-step process you must first complete before a Court will entertain any downward modification in support.

First, you must submit an application disclosing your dire financial position. The application should be complete with documentation and financial information to aid the Court in analyzing your financial circumstances. The Court can only grant your application if you successfully show a prima facie case for modification. The Court must be satisfied that you fulfilled the first step by successfully illustrating an involuntary change in circumstance that has permanently and substantially impaired your ability to fulfill your financial support obligations. In the event you are unable to meet this criteria, your application will be denied. Consequently, it is important to utilize the services of an attorney who understands and is familiar with the legal criteria needed to help you proceed to level two.

After the Court finds you have established a prima facie case for modification, the next, and final step, is scheduling a final hearing to determine the extent of your financial circumstances. Prior to advancing to the final hearing however, many Courts will first require that you exchange discovery, such as Notice to Produce Documents and Request for Interrogatories, with the opposing party. You may need to submit to oral Depositions. The Court may also require that you participate in alternative dispute resolutions, such as mediation or attend an Early Settlement Panel to help settle the matter without further use of the Court’s resources. In the event you are unable to settle your matter, after witness testimony and the presentation of evidence, the Court will evaluate your matter to determine the extent of the change in your financial circumstances.

Contact an attorney at Iandoli & Edens, LLC to learn more. We are experienced attorneys equipped with the proficiency you will need to get you through a change in circumstance application. Do not delay any longer.  Call today. 908.879.9499.