When Family Law Orders Need To Be Modified
When spouses finalize their divorce or other family law matter, the judge’s decision is law. The judge will always have the last word on cases and settlement agreements, especially with any child-related family issue. Courts will address topics including:
- Child support
- Spousal support/alimony
- Child custody and visitation
- Property distribution
After a court has decided on a case or reviewed a settlement agreement used in divorce, orders and judgments are legally binding and only post-judgment modifications will allow for any deviation. New Jersey courts understand that circumstances change with time and that orders and judgments may need to be refined to address changing circumstances. If either party has significant changes to their life, the court will hear their claim and judge accordingly.
If you are seeking a modification or trying to stop one that will adversely affect you, The Law Office of Toby Grabelle, LLC, is here to protect your rights. With law offices in Red Bank, we handle sensitive family law matters for clients throughout New Jersey. You can reach us online or by phone at 732-582-5061.
Child Support Modifications
When children are involved in a separation or divorce case, child support will commonly be addressed by the court. According to changing circumstances, parents may need to request a post-judgment modification of child support orders. The requesting parent has the responsibility to demonstrate evidence of a significant, unforeseen, and continuing changing in situation. Many factors can contribute to a viable request for a post-judgment modification. These factors may include:
- Increase of decrease of income
- Change of custody
- Loss of employment
Spousal Support Modification
Spousal support modification also requires an unforeseen, major, and continuing change in circumstances to one or both parties regarding the ability to pay alimony or the other’s need to receive it. If either party requests a modification, they will have to demonstrate a significant change in their life, including factors like:
- Loss of employment
- Changing wages
- Ability to be financially independent
If a paying spouse is found to be underemployed or unemployed voluntarily in order to avoid or modify the judge’s order, the court may judge against the party, obligating them to pay according to their potential earning capacity.
Child Custody And Visitation Schedule Modifications
Child custody structures and visitation schedules can also be reviewed and adjusted according to changing circumstances. Similar to the other topics, one or both parties must demonstrate a significant, unforeseen, and ongoing change to their circumstance to a judge. The court will hear arguments in favor and against a post-judgment modification and will judge according to the best interests of the child, as they normally do with child-related family issues. Some relevant factors that courts may consider include:
- Relocation issues
- Medical issues with the child or parent
- Change in a parent’s employment
- Parent alienation
- Negative change in school performance
Speak With An Experienced Family Law Attorney
If you need a post-judgment modification because of an unforeseen, significant change in your life or you have to fight against one, we are here to guide you through your legal options and fight for your interests. We have many years of experience with family law and know what it takes to come to the best possible conclusion for your legal matter. Contact us online or by phone at 732-582-5061 to arrange a legal consultation.