In these economic times we have seen an increase in our practice of post divorce applications seeking a downward modification of a former spouse’s support obligation(s). These applications apply to both spousal support or alimony as well as child support.
NJ courts are all to familiar with these applications as there exists an entire body of case law that guides judges, attorneys and litigants alike in the burden of proof that must be established and the standard to meet in order to successfully seek the modification or defend against one.
Recently, the Appellate Court addressed this issue once again in the unpublished decision of O’Brien v. O’Brien, A-6045-08T1 decided November 10, 2010. This matter stemmed from an appeal of the trial court’s Orders emancipating one of the parties’ 4 children and reducing defendant-husband’s child support obligation.