If you have a divorce agreement that you feel no longer represents you and your family’s lifestyle, a post-divorce modification may be a great option for you. It is important to understand the various factors a court will consider when determining whether or not a post-divorce modification is fitting. Continue reading and do not wait to reach out to learn more about how our skilled New Jersey divorce attorneys can best help you.
What is a post-divorce modification?
Oftentimes, a former spouse’s life can change in several ways after a divorce is settled. Because of this, they might request a post-divorce modification. There are several circumstances that may merit a post-divorce modification. The most typical ones that our firm has seen include the following:
- In the event that either party is living with another person and no longer needs support from their former-spouse
- If a child reaches the age of emancipation and no longer requires child support payments
- If there are variations in the child’s schedule, a former spouse’s custody terms, parenting time, and visitation schedule may need to be modified
- If either party gets a promotion, demotion, loses their job, becomes disabled, etc., there may be a requirement for spousal or child support payment amount
- If either party endangers their child with domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need adjusting
- A child is in college and financial responsibility must be arranged
To learn more, reach out to our firm today. Our dedicated legal team is here to help.
How are the modifications enforced?
Post-divorce modifications are not easy to achieve in New Jersey. There are two ways the New Jersey Rules of Court enforces custody arrangements. These ways include either the “motion to enforce litigant’s rights” or “additional remedies.” If there is a lack of enforcement, the penalties can include a fine or even incarceration. Furthermore, remedies can include, and are not limited to the following:
- Economic sanctions
- Modifying transportation arrangements
- Pick-up and return of the children in public spaces
- Counseling for children or parents
- Compensatory time with the children
- Temporary or permanent modifications to the arrangement
- Participation by the violating parent in an approved community service program
- Issuance of a warrant if violations continue
Do not hesitate to reach out to our firm today to speak with our skilled New Jersey divorce attorneys about how you can request a post-divorce modification. Our legal team is here to represent you and help you navigate through each step of the way.
Contact our Firm
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.