Do you need to modify a Monmouth County, New Jersey, family court order? Whether the order you plan to modify involves alimony (spousal support), child support, or child custody, The Law Office of Jennifer J. McCaskill is here to help.
Our Monmouth County modifications of order lawyers have over 20 years of combined experience. In that time, we’ve been able to help our clients with all types of complex family law matters, including order modifications. We’re confident in our ability to provide effective, meaningful legal services in this area of the law from start to finish.
How The Law Office of Jennifer J. McCaskill Can Help You Modify an Order in Monmouth County
When a divorce is finalized in Monmouth County, NJ, the court imposes orders relating to various points of contention. Fortunately, these orders are not necessarily permanent; they can be modified if the circumstances call for it.
However, you will need to demonstrate to the court that modifying the order is what’s best. Having an experienced Monmouth County family law attorney on your side will be critical to that end. When you hire The Law Office of Jennifer J. McCaskill, we can help in the following ways:
- Hiring experts when needed to provide evidence in favor of your order modification
- Keeping you up-to-date on your case’s status and progress as it unfolds
- Representing you in any court proceedings related to your modification request
- Identifying your best legal course of action and taking care of all the paperwork and procedures related to your order modification
If you’d like further information regarding what we can do to help you modify an order in Monmouth County, reach out today to schedule your free initial consultation.
What Does It Mean To Modify an Order?
All parties must agree to the terms of a divorce before a dissolution of marriage is granted by a court. However, these terms are based on the circumstances at the time. In some instances, these circumstances may change, making it difficult or impossible to comply with the initial conditions.
This is the type of problem that order modification aims to resolve. Courts will not modify orders without good reason, so having a seasoned Monmouth County modifications of order attorney may be beneficial to ensure your request is made effectively.
When Can the Court Modify a Family Law Order in New Jersey?
Family courts in New Jersey will only modify an order when presented with a request backed by legal argument and evidence. There must be a (generally substantial) change in circumstances after the divorce is finalized for the court to grant an order modification. The court can modify orders related to alimony, child support, and child custody, with some exceptions.
Modifying Alimony in Monmouth County
Most orders related to alimony, or spousal support, may be modified in Monmouth County. The State of New Jersey recognizes five primary forms of alimony:
- Limited duration alimony, which is support generally confined to a specific amount of time related to how long the couple was married
- Open duration alimony, which is support granted indefinitely
- Reimbursement alimony, which represents money owed to a spouse
- Rehabilitative alimony, referring to support offered to a spouse while they seek education or employment to reach financial stability
- Temporary alimony, also called “pendente lite” alimony, is support provided while the divorce is pending
Alimony is awarded to a spouse so that, in part, they can maintain the same type of lifestyle that they had while married. Courts consider each spouse’s financial situation and ability to earn income, among other factors, when determining whether to order spousal support.
Sometimes, a spouse’s circumstances change substantially after a divorce is finalized. In these situations, it may become appropriate to modify alimony. Types of circumstances that can give rise to a modification include:
- A spouse remarries or cohabitates
- Serious health conditions
- The paying spouse reaches full retirement age
- A period of unemployment for at least 90 days
Our family law attorneys in Monmouth County, NJ, can assist if you need to modify an alimony order. Call today to set up your free case review and to learn about your legal options.
Modifying Child Support in Monmouth County
Courts can also modify orders regarding child support in Monmouth County, New Jersey. The state’s child support guidelines determine these orders, which rely (in part) on each spouse’s financial situation at the time.
When a spouse’s financial situation is materially different from what it was at the time the divorce was finalized, a court may accept a request to modify the child support order. This type of support can be adjusted bi-annually in the State of New Jersey, but it can also be adjusted as needed if circumstances change.
Many types of circumstantial changes may result in modifying a child support order. For example, if the paying spouse becomes unemployed, they might be able to have their child support payments decreased or paused until they find a new job. This can also work the other way around, such as when a spouse was initially unemployed yet subsequently found a position.
Modifying Child Custody in Monmouth County
Divorcing couples are required to submit a parenting plan to the court when they seek a dissolution of marriage. This plan is made based on each parent’s circumstances at the time.
Decisions regarding child custody in New Jersey are largely made with the best interests of the child in mind, and this includes modifying an order. If a parent wishes to modify their child custody order in Monmouth County, they must request a custody evaluation from the court.
During this court-ordered evaluation, a mental health professional will assess the family’s current situation. They will then recommend an arrangement that is based on the best interests of the child. Types of scenarios where it may be appropriate to request a custody evaluation include:
- One parent wishes to relocate out-of-state or at least 100 miles away
- There is a risk of domestic violence to the child
- A parent develops an addiction to alcohol or begins abusing drugs
If you intend to request a custody evaluation in Monmouth County, contact the experienced lawyers at The Law Office of Jennifer J. McCaskill. We can guide you through the process, ensuring your rights and interests are represented at all times.
What Evidence Can I Use To Modify an Order in Monmouth County, NJ?
In order to successfully modify an order in Monmouth County, NJ, you’ll need to provide evidence that doing so makes sense, given the change in circumstances. Types of evidence you can utilize include:
- Testimony from friends and family that can corroborate the change in circumstances and why modifying the order is appropriate
- Expert testimony, such as that from forensic accountants, medical professionals, or law enforcement
- Documents, including financial records, police reports, or employer letters
The evidence that you’ll need to present will depend on the type of order you are seeking to modify. When you hire The Law Office of Jennifer J. McCaskill to help you with your case, we’ll work hard to collect the evidence necessary to support your modification request on your behalf.
Schedule a Free Consultation With Our Trusted Monmouth County Modifications of Order Attorneys
Circumstances can change dramatically after a divorce is finalized. Sometimes, this alteration can warrant an order modification to ensure the requesting spouse’s legal rights and interests are maintained.
If you’re in need of an order modification in Monmouth County, reach out to The Law Office of Jennifer J. McCaskill for legal help. Our attorneys have more than two decades of experience in the field and can help you throughout the entire process.
Call today at (732) 747-1882 to set up a free consultation with one of our experienced Monmouth County modifications of order attorneys.
Our divorce law firm in Monmouth County, NJ also provides:
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