How Do I Cope With The Stress Of Divorce?
Family law does not always end when the final judgment is entered. The agreements you construct will affect you and your children throughout the years as you interact with your former partner during school or family events. After divorce, you may choose to move out of state or need to rework accommodations for your children. The Morris County post-divorce modification lawyers here at Leslie Law Firm can help draft these documents so you can carry on with your new life. Contact our firm today to learn more about how we can assist you.
A modification, different from an appeal, means starting an entirely new case. Filing a modification in New Jersey means you must show there has been a substantial, permanent, and unanticipated change that has happened since the last order was entered. You must also show that this change warrants the permanent modification of the prior order.
To initiate the modification process, the requesting party must file a motion with the family court that issued the original order. This motion should include detailed evidence demonstrating the significant change in circumstances. If both parties agree to the modification, the process can be more straightforward and may be resolved through a consent order. However, if the parties disagree, a judge will review the evidence and determine whether the modification is justified.
Common grounds for seeking a post-judgment modification include:
Courts in New Jersey carefully evaluate modification requests on a case-by-case basis, prioritizing the best interests of the child when custody and support are involved. Given the complexity of these cases, working with an experienced post-divorce modification attorney can help ensure a strong legal argument and increase the chances of a successful outcome.
New Jersey law allows for modifications to several aspects of a divorce judgment when a substantial change in circumstances can be proven. These modifications typically apply to the following.
Child Custody & Parenting Time
Changes in employment, relocation, or the needs of the child may warrant a modification to an existing custody arrangement. If one parent becomes unable to provide a stable environment due to financial struggles, health issues, or other factors, the court may adjust custody to better serve the child’s best interests.
Child support obligations are subject to modification when there is a significant change in either parent’s financial situation. If the paying parent experiences a job loss, disability, or other financial hardship, they may seek a reduction. Conversely, if the receiving parent can demonstrate that the child’s needs have increased (such as medical expenses or educational costs), they may request an increase.
Alimony can also be modified or even terminated under certain conditions. If the recipient spouse remarries, cohabitates with a new partner, or experiences a substantial increase in income, the paying spouse may seek to reduce or terminate support. Similarly, if the paying spouse suffers an involuntary job loss or significant decrease in earnings, they may request a modification to lower their payments.
Relocation Requests
When a parent wishes to move a significant distance or out of state with their child, they must seek court approval if the move would impact the other parent’s custody or parenting time rights. The court will consider whether the move serves the child’s best interests and whether it will allow both parents to maintain a meaningful relationship with the child.
If you’re looking to update the terms of your divorce, you’re in the right place. The post-divorce modification lawyers here at Leslie Law Firm have guided countless clients through the post-judgment modification process for decades, and we’re here to do the same for you. Contact us today to schedule your initial consultation.
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