If you or your former spouse have experienced a significant life change since your divorce was finalized, it is possible that you may need a post-judgment modification of an existing child support or custody arrangement. Court orders must be followed, but some life changes can make an original court order impractical, or even impossible, to follow.
A change in any of the factors below may have you seeking a post-judgment modification:
Income of either parent
College or other higher education
Illness or disability
There are many reasons why someone may need to seek a post-judgment modification after divorce; the list above covers some of the most common. At the Law Office of Jennifer J. McCaskill, LLC, we will position you for the most favorable outcome and help to ensure that your children’s best interests are protected every step of the way. Contact a Monmouth County post judgment modification lawyer today.
Even after a divorce has been finalized, there may still be matters that later require a divorce lawyer’s advice. As children grow up and their needs change, it is important that child custody and child support arrangements change to meet these needs. Other times, remarriage or the loss of a job may require changes to alimony and spousal support. A Monmouth County post judgment modification lawyer is crucial to ensuring that your divorce decree reflects the changes in your life.
The Law Office of Jennifer J. McCaskill, LLC, located in Red Bank represents people across Monmouth County, Ocean County and Middlesex County and beyond in all types of family law matters. We have practiced law for more than 10 years and in New Jersey since 2006. We understand the legal, procedural and strategic considerations in post-judgment modification matters and will provide the guidance and counsel you need.
Taking Decisive Action in Modification Matters
Generally, under New Jersey law, anyone who wants to modify his or her support or parenting time schedule must prove there has been a “substantial change in circumstances.” We will look closely at your situation to determine whether you qualify for a modification.
Our law firm represents people who wish to modify:
Typically, if a parent paying child support loses his or her job, child support obligations may have to change to reflect this.
New Jersey Enforcement Orders
Whether your former spouse is not following an original court order or has failed to live up to the expectations of a modified order, you have a legal right to seek enforcement of that order. If the other parent has had a significant life change that is impacting their ability to make payments, this will be taken into consideration. However, if they have failed to make payments despite no major financial or life changes, the skilled legal team at the Law Office of Jennifer J. McCaskill, LLC can help you take the legal action required to obtain the payments you and your child need.
On the flip side, if you are on the receiving end of a noncompliance order, we understand that unexpected changes can quickly lead to an inability to comply with an existing support order. We can defend your position and protect you from facing sanctions, such as the issuance of a bench warrant.
Contributing to the Costs of a Child’s Higher Education
New Jersey is unique in that divorced parents can be required to contribute to a child’s higher education. As children grow up and enter their collegiate years, this issue may require modification of the original divorce decree. It is common for parents to disagree over the amount spent toward these expenses. We work for parents on both sides of this issue. We fully grasp the legal standards and how they can apply to the specifics of your situation.
What Is Needed to Modify a Divorce Settlement Agreement in NJ
The individual seeking a modification of the original divorce settlement agreement in NJ must be able to show a major and unexpected “change in circumstance.”
So, what warrants a change in circumstance? For starters, it can’t be temporary. For example, being terminated from a job could bring immediate and dramatic financial consequences, which would certainly seem like a change in circumstance, in general terms. However, the job loss would have to be deemed permanent in order to result in a court order modification. In most cases, job loss is a temporary situation, and would not qualify for a modification, as such.
Furthermore, the change must have not been predictable. If a predictable event was not included as part of the original agreement, it is unlikely that the modification will be approved. College expenses are a good example of a predictable expense. If you want the other parent to contribute to your child’s college education, this should be included in the original divorce agreement.
Contact a Monmouth County Post Judgment Modifications Attorney Today
Divorce judgments are intended to be final, but life happens, and unexpected circumstances are a normal part of life. If a significant change in the financial, geographic, or life situation of you or your former spouse has you seeking a post-judgment modification, the skilled legal team at the Law Office of Jennifer J. McCaskill, LLC can help.
We have effectively represented countless clients in Monmouth County, Ocean County, Middlesex County, Somerset County and the surrounding areas of NJ, and our team of family law attorneys can help you get through this challenging situation as quickly and painlessly as possible. Contact the Law Office of Jennifer J. McCaskill, LLC today at (732) 747-1882 for a free and confidential consultation about your case.
Need Legal Advice With Your Divorce or Separation?
Need Legal Advice With Your Divorce or Separation?