Substantial life changes may necessitate changes in divorce agreements
Divorce means change: you may live in a different home, you may not see your children every day anymore and your economic situation may be more of a challenge than it once was.
Even though you and your ex-spouse may have come to an agreement (or accepted the court’s decision), there may be circumstances that require changes, or modifications, to your decree.
Modifications must be brought before a judge
A post-decree modification cannot just be an agreement between you and your ex. In order to be enforceable, you must file a motion to modify the decree or judgment.
While you can file the motion yourself, the courts recommend that you seek the help of an experienced divorce attorney as the legal system can be confusing.
Your attorney helps ensure that your motion is complete, accurate, timely and in your best interest.
Most common types of modification requests
In every case, a modification request is tied to a “substantial change” in circumstances; specifically, changes about which the parties involved were unaware or could not have anticipated at the time of the original decree.
Modifications may be requested for:
- Alimony (spousal support): In 2014, the New Jersey legislature amended the statute regarding alimony. This means that if the obligor (the person paying alimony) suffers a job loss and makes a good-faith effort to find a job, then alimony may be modified. Likewise, when an obligor reaches full retirement age (the age at which full Social Security benefits are available), modification is also possible. There are other conditions which apply and it is wise to seek legal guidance when applying for modification of spousal support.
- Child support: Both parents have a legal responsibility and an obligation to support their children financially. When a parent loses a job, suffers a physical or mental health illness, when there is an increase in the cost of living, or when the children’s needs change or there is a change in parenting time, a modification may be necessary. Either parent may request modification, either upward or downward, as long as it is based on a substantial, permanent and unanticipated change in circumstances. Modifications are based on the same child support guidelines as the initial support obligation.
- Child custody: The best interests of the child standard is going to apply to any request for modification of child custody or parenting time. The NJ statute notes that “children need safe, stable, and positive relationships with caring adults in order to thrive,” and the courts take that into consideration when modifications are requested. Reasons for child custody modifications may include:
- Evidence that a parent has a substance abuse problem
- A parent (or both parents) has moved
- Refusal or failure to comply with a parenting time order
- Abuse charges
- A child is having significant problems at school
- The parent is cohabitating; especially if it is deemed that the individual with whom they are living is a negative influence
- If a child is old enough, they may state a preference that differs from the original order
Learn more about your options in divorce decree modifications
When change is necessary, we can help. To discuss your needs and concerns, please contact us online or call our office at (732) 214-1103.
We serve clients in New Brunswick and throughout central New Jersey.
