Law Lessons from JACOB ROSENGARTEN V. SHERI ROSENGARTEN, App. Div., A-0688-08T1, October 27, 2009:

A party seeking modification of a support order “has the burden of showing such ‘changed circumstances’ as would warrant relief from the support or maintenance provisions involved.” Lepis v. Lepis, 83 N.J. 139, 157 (1980). “A prima facie showing of changed circumstances must be made before a court will order discovery of an ex-spouse’s financial status.” Ibid.

An increase in support is necessary when “changed circumstances substantially impair the dependent spouse’s ability to maintain the standard of living reflected in the original decree or agreement.” Id. at 152-53. Therefore, “the marital standard of living is an essential component in the changed-circumstances analysis when reviewing an application for modification of alimony.” Crews v. Crews, 164 N.J. 11, 25 (2000). Our standard of review is highly deferential given the “special jurisdiction and expertise” of the family court. Cesare v. Cesare, 154 N.J. 394, 413 (1998).

There is no per se rule regarding inflation. See Crews, supra, 164 N.J. at 32. Inflation is a change in circumstances only if it “substantially affects [the] supported spouse’s ability to maintain a lifestyle comparable to the marital standard of living.” Ibid.

Alimony modifications are not intended to allow a dependent spouse “to share in the post-divorce good fortune of the supporting spouse.” Id. at 29. Only after the dependent spouse has made the requisite prima facie showing of changed circumstances should the supporting spouse’s “‘ability to pay become a factor.’” Id. at 28 (quoting Lepis v. Lepis, 83 N.J. 139, 152 (1980)). Hence, the payor’s increased earnings are irrelevant.

Also, prior to allowing discovery, economic mediation and a plenary hearing, there must be a prima facie showing of changed circumstances. Dorfman v. Dorfman, 315 N.J. Super. 511, 515 (App. Div. 1998).

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, property settlement agreements, premarital and prenuptial agreements, midmarriage and marital agreements.

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