Modification Lawyers in Red Bank, NJ
When Change Occurs.
The exact details and circumstances of your divorce along with its results and agreements depend largely on where both parties are financially at the time of the divorce. As those circumstances change after the divorce, so can your divorce agreement. A modification can be requested due to a change in financial status, new employment, loss of employment, serious injury, remarriage, illness, cohabitation, and several other life changes. The occurrence of any these circumstances can result in adjusted alimony and child support payments.
Practice Areas
Spousal Support Modifications
In the event you or your former spouse experience a significant life change since your divorce was finalized, it is possible that you may need a post-judgment modification. Spousal support and child support agreements are modifiable as long as they were not ruled as non-modifiable in the prior judgment. A modification can be sought due to a “change in circumstances” from the time your support agreement was entered. A change in circumstance can include:
- Change or loss of employment
- Remarriage of recipient spouse
- Retirement from your profession
- Cohabitation
- Illness or injury which affects the ability to pay
- Changes in cost of living
- Increase in earnings
A change in circumstance can be brought to the attention of the Court by either or both spouses who can then present a modified agreement if they have mutually agreed to one. Additionally, the change in circumstances must generally be of a nature that was unanticipated at the time the spousal and/or child support order in the judgment was calculated. It is also imperative for those seeking a modification to understand that changes in income will be considered only if they were involuntary.
Child Support Modifications
Child support payments can be modified for a multitude of reasons. Some examples include changes in financial status, disability, the child’s living situation, an adjustment to the parenting time agreement, or a move by one parent out of state. It can also be pursued by either the dependent or supporting parent, depending on the circumstances of the situation both parents find themselves in. The Court will take into account both the interests and situations of the parents before deciding on a fair modification. It should be noted that the Courts prioritize the well-being of the child above anything else.
Other times parents revisit their original child support agreements because what was once a far-off concept such as college now becomes a pressing reality. Many times, these original agreements are drafted decades before the child is of college age. Disagreements may arise regarding where the child should attend school, how much each parent should be required to contribute, and the child’s responsibility with student loans.
Burden of Proof
Someone seeking to modify or reduce their existing support order must show that the change in their financial situation leaves them unable to continue making the payments as previously set forth. You must be able to show the Court that the changes were both substantial and involuntary. Modifying or reducing support is a difficult process, which requires expert legal help.
New Jersey Alimony Attorney for Modification
When one parent has persistently interfered with the other parent’s custody or parenting time, parental alienation is a concern and may call for court intervention. Parents may try and influence their children’s opinions of their ex-spouse. A parent may harbor resentment from the divorce and try and exact revenge using your children as pawns. If you suspect your spouse is engaging in parental alienation, remedies are available to stop your spouse from damaging your parental relationship. Parental alienation can impact the Court’s award of custody and parenting time, sometimes limiting parenting time with the spouse promoting alienation.
At the Law Offices of Sylvia S. Costantino. Esq., LLC, attorneys are dedicated to preserving your parental rights. Stop your spouse from damaging the relationship with your children and call us today.
