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Post-Divorce Modification in New Jersey | What to Know

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When it comes to a New Jersey divorce, there are a lot of matters that will be carefully determined. This may include alimony, child support, child custody, and more. But, sometimes unexpected changes can occur, and a post-divorce modification may be necessary. Read on to learn more about post-divorce modifications, when they are called for, and how they are enforced.

What is a Modification?

After entering into a divorce agreement, a former spouse’s life may change in a variety of ways. As a result, they may request a post-divorce modification. Some events that may call for a modification include:

  • A child reaches the age of emancipation and no longer needs child support payments
  • A 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

How are Modifications Enforced?

Modifications are taken very seriously in New Jersey. Two ways the New Jersey Rules of Court enforces custody arrangements can include “motion to enforce litigant’s rights” or “additional remedies.” Enforcing the litigant’s rights may include a fine or even incarceration. Additional remedies may include the following:

  • Compensatory time with the children
  • Economic sanctions
  • Modifying transportation arrangements
  • Pick-up and return of the children in public spaces
  • Counseling for children or parents
  • Temporary or permanent modifications to the arrangement
  • Participation by the violating parent in an approved community service program
  • Incarceration
  • Issuance of a warrant if violations continue

If your circumstances have changed and you would like to request a post-divorce modification, contact our firm to speak with an experienced family law attorney. We are here to advocate for you and walk you through all of your family law matters every step of the way.

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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.

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