Significant change is expected in the months and years following a divorce, and New Jersey courts recognize this, which is why in certain cases, they allow for the modification or termination of certain provisions set forth in divorce agreements. If your life has changed and your divorce agreement no longer reflects your current circumstances, contact the skilled Glen Rock divorce modification lawyers here at Feitlin, Youngman, Karas & Gerson, LLC today.
Divorce Modification Lawyers Serving Northern New Jersey
Anyone looking to modify or terminate a provision of their divorce agreement should understand that modifications are not automatic; they must file a formal request with the court to seek any changes to the alimony arrangement. Additionally, the burden of proof lies with the person seeking the modification. For this reason, it’s imperative to have a team of knowledgeable Bergen County family lawyers in your corner who can guide you through this process and help build a strong case for modification if your circumstances have changed.
Qualifying for a Post-Judgment Modification
To qualify for a post-judgment modification, you will have to prove to the court that you have experienced a significant and continuing change of circumstances. That said, this isn’t always straightforward, which is why you’ll need a legal team who can effectively gather evidence and prove your case on your behalf.
Modifying Alimony in New Jersey
In New Jersey, you may qualify for a modification to or termination of your alimony agreement if you can prove the following:
A Significant Change in Income: If the paying spouse’s income decreases significantly or if the receiving spouse’s financial situation improves, the court may consider reducing or terminating the alimony payments. Conversely, if the receiving spouse suffers a financial setback, they may seek an increase.
Remarriage or Cohabitation: If the recipient spouse remarries, alimony typically ends. In cases where the recipient enters into a new relationship and cohabits with their partner, the court may terminate or reduce alimony, depending on the financial benefits of the cohabitation.
Retirement: If the paying spouse reaches retirement age and no longer has the ability to earn income at the same level, the court may reduce or terminate alimony obligations. Retirement is often considered a valid reason for seeking modification, but it must be reviewed on a case-by-case basis.
Health Changes: If either party experiences a serious health issue or disability that impacts their ability to earn income, the court may reconsider the original alimony order.
Modifying Child Support in New Jersey
In New Jersey, child support obligations are based on the income and financial situations of both parents at the time of the divorce, as well as the needs of the child. However, circumstances can change significantly over time, and when they do, the court may allow for a modification of the existing child support order. As with other post-judgment modifications, the party seeking to change the support agreement must demonstrate a substantial change in circumstances. Some common reasons for modifying child support include:
Changes in Income: If either parent experiences a significant increase or decrease in income, this may warrant a modification. For example, if the paying parent loses their job or sees a reduction in salary, they may request a reduction in child support. Conversely, if the paying parent’s income significantly increases, the receiving parent may seek an upward adjustment.
Changes in Child’s Needs: As children grow, their financial needs may change. In some cases, a child may require additional financial support due to medical, educational, or extracurricular needs, necessitating an increase in child support.
Emancipation of the Child: In New Jersey, child support generally continues until the child is emancipated. However, if a child reaches a milestone such as graduating high school, entering full-time employment, or moving away to college, the court may determine that child support is no longer necessary or should be reduced.
Modifying Child Custody in New Jersey
Child custody arrangements are made with the child’s best interests in mind, but as family dynamics and living situations evolve, these arrangements may need to be revisited. Some common reasons for seeking a modification to child custody include:
Parental Relocation: If one parent needs to relocate for work or personal reasons and the move would significantly impact the current custody arrangement, a modification may be necessary. New Jersey law requires parents to obtain court approval or the other parent’s consent if they plan to move out of state or a significant distance away.
Change in Parent’s Circumstances: If one parent’s living situation changes drastically—for example, due to job loss, illness, or substance abuse issues—the court may reconsider the current custody arrangement to ensure it continues to serve the child’s best interests.
Child’s Wishes: As children grow older, their preferences may become more important to the court, especially if they express a desire to live with one parent over the other. While the child’s wishes are not determinative, they are taken into consideration alongside other factors.
Safety Concerns: If there are concerns regarding the safety and well-being of the child, such as allegations of abuse or neglect by the other parent, the court may modify the custody arrangement to protect the child.
Contact Our Glen Rock, NJ Divorce Modification Lawyers
Feitlin, Youngman, Karas & Gerson, LLC has extensive experience assisting clients through the post-judgment modification process, and we stand ready to put that experience to work for you. Contact us today if you have any questions about your case or if you’d like to schedule an initial consultation with our firm.
