During divorce proceedings, spouses or judges will make decisions on marital issues. If spouses enter into mediation with a third party, they should be able to come to a conclusion together in order to satisfy both parties. If they have a contested divorce or are unable to cooperate in mediation, a judge will decide on marital issues for the divorcing couple. When judges decide on issues such as alimony, child support and child custody, they are only able to consider the present factors in court. As spouses carry on with their separate lives, circumstances can change. This allows for modifications to be made to marital issues.
What can cause modifications?
For child custody arrangements, the best interest of the child is always put first. The judge has decided with this in mind and wants to guarantee that child’s safety. If one parent is refusing to follow court-ordered custody arrangements, the opposing parent can file a motion to bring them to court. In court, a judge may make a new arrangement based on the situation. When parents’ lives change, they may even request for a new change to the arrangement. The child’s interests may also change. If one parent notices odd behavior from the child, they may realize it is due to their time with their other parent. This can cause concern. The parent has the right to file a motion to investigate the matter and create a new child custody arrangement to better suit the child’s needs.
Alimony payments can also be modified or changed due to a variety of scenarios. Illness or death of the independent spouse may end or alter the payments they must make to the dependent spouse. Loss of employment is another factor that can affect alimony. If the independent spouse is refusing to pay the dependent spouse, a motion can be filed to bring them to court to settle the matter.
In New Jersey, there is no official end to child support. When a child is considered emancipated from their parents, then child support may end. However, this can be different for each child depending on the case. If a child decides to attend college, they may need continuing financial support. A court can decide if a parent is legally obligated to provide child support for higher education.
If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.