Before a divorce is considered final, a couple must determine the future of their marital issues. When agreements are made regarding these matters, they must be approved by the judge. Once they are, these agreements are considered the law. This means they are required to be followed. If they are not, they can be enforced by the court. However, the court understands that family situations can change over time. Sometimes, this may require changes to be made to a divorce settlement. It is because of this that modifications can be made if a current arrangement no longer suits the individual or family. When facing these situations, it can be beneficial to retain the services of an experienced New Jersey divorce attorney for assistance.
What Can be Modified?
Modifications can be made to agreements that are reached during New Jersey divorce proceedings. This may be for the following situations:
- Child Custody: If either a parent or child experiences change in their lives and the current custody agreement no longer suits the circumstances, it can be modified.
- Child Support: If a person owes child support payments and their financial situation changes, either party may ask for an increase or decrease in the amount they owe.
- Spousal Support: Similar to child support, a former-spouse that experiences changes in their financial or personal situation can request a modification in the amount they owe.
Why May a Modification be Needed?
When a former spouse wants to modify any settlement agreement that was made during their divorce, they are required to prove that there is a significant and ongoing change in their life that calls for the change. The following are common reasons as to why an individual may want a post-judgment modification:
- If their child reaches the age of emancipation and no longer needs child support payments
- If their child is in college and financial responsibility must be determined
- If either party begins cohabitating with another person and no longer needs support from their former-spouse
- If the child’s schedule changes, an adjustment may be needed for custody terms, parenting time, and visitation schedule
- If either party receives a promotion, demotion, loses their job, becomes disabled, etc., the amount that is owed in spousal support or child support may need adjusting
- If either party exposes their child to domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need to change
Contact our Firm
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.