What is a Post-Judgment Modification?
During divorce proceedings, a couple is required to settle their marital issues before they can officially go their separate ways. Once these decisions are reached, they must be approved by the judge in order to be considered the law. When they are finalized, they are required to be followed by both former-spouses, otherwise, they can be enforced by the court.
While this is true, the court recognizes that familial situations can change over time. In some cases, these situations can call for changes to be made to a divorce settlement. It is because of this that modifications can be made to these arrangements if the current one no longer suits the circumstances. When seeking a post-judgment modification, it is important to retain the services of an experienced New Jersey divorce attorney for guidance and assistance.
What Can be Modified?
In the state of New Jersey, modifications can be made to the major divorce and family law settlements that are made during the proceedings. This can include the following matters
- Child Custody: When either a parent or child experiences changes in their lives and the current custody agreement no longer works, it can be modified.
- Child Support: When a person owes their former spouse child support payments and their financial situation changes, either party may request an increase or decrease in the amount that is owed.
- Spousal Support: Similar to child support payments, if one former-spouse who is making spousal support payments experiences any changes in their financial or personal situation, they can request an increase or decrease in the amount that is owed.
Why Would a Modification be Needed?
In order for a modification to be made to any settlement agreement, the individual petitioning for it is required to prove there is a significant and ongoing change in their life that calls for the agreement to be changed. The following are various reasons that may call for a post-judgment modification:
- A child reaches the age of emancipation and no longer needs child support payments
- The child is in college and financial responsibility must be determined
- Either party is living with another person and no longer needs support from their former-spouse
- If there are changes in the child’s schedule, a former spouse’s custody terms, parenting time, and visitation schedule may need to be adjusted
- If either party receives a promotion, demotion, loses their job, becomes disabled, etc., there may be a need in spousal or child support payment amount
- If either party exposes their child to domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need changing
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.