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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.
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:
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
If you are looking for a post-divorce modification or the other party is seeking a modification, please contact us right away. We will go through the previous support agreement to assist in coming to an agreement or modification that best suits your needs. We will ensure that you are treated fairly and receive the best legal counsel possible.
The New Jersey alimony lawyers at the Law Offices of Sylvia S. Costantino, Esq., LLC have successfully represented individuals and families throughout Monmouth, and Middlesex Counties as well as surrounding areas in the State of New Jersey. Call us today at 1-732-741-2600 or fill out our confidential contact form for more information.
While it is easy to think that once a judgment has been passed that any agreement, order, or deal worked out in court is set in stone. This is not always the case. Post-Judgement Modification is a common and easy practice that can be applied to a number of court judgments to help one party live up to the terms in troubling times or create a more suitable agreement as time has passed since the original ruling. This practice is most common with child custody/support agreements and spousal support agreements.
Spousal Support Modifications
Spousal support agreements are modifiable as long as they were not ruled as non-modifiable in the prior judgment. A modification can be sought after due to a “change in circumstance” for one, or in some case both, the spouses involved. These changes in circumstances can include:
These 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. As stated earlier, all spousal support agreements are modifiable unless stated otherwise in the previous ruling.
Child Support Modifications
Child support payments can be modified due to changes in financial status, the child’s living situation, or a number of other reasons. 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 to ensure both parties are left satisfied. It should be noted though that the courts prioritize the well being of the child above anything else.
If you are looking to have your child support modified or the opposite party is interested in modifying it, please contact us right away. We will go through the previous support agreement and help you come to an agreement or modification that suits you. We will ensure that you are treated fairly and receive the best legal counsel possible as well as to leave you with a situation you will be satisfied with.
Burden of Proof
Someone seeking to modify or reduce their existing alimony order must show that the change in their financial situation leaves them unable to continue making the alimony payments as previously set forth. You must be able to show the court that the changes were both substantial and involuntary. Modifying or reducing alimony is a difficult process, which requires expert legal help.
Termination of alimony happens automatically when the recipient spouse remarries, and the supporting spouse is no longer required to keep making payments.
New Jersey Alimony Attorney
If you have questions about making post-divorce alimony modifications to your existing alimony order, our experienced New Jersey alimony attorneys can evaluate your situation and provide straightforward advice about whether an alimony modification or reduction is pragmatic given your situation. Contact the Law Offices of Sylvia S. Costantino today and let us assist you.
The New Jersey alimony lawyers at the Law Offices of Sylvia S. Costantino, Esq., LLC have successfully represented individuals and families throughout Monmouth, and Somerset Counties as well as surrounding areas in the State of New Jersey. Call us today at 1-732-741-2600 or fill out our contact form for more information.
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Email: ssc@njfamilylawdivorce.com