When you and your spouse file for divorce, you may be relieved when the final judgment is issued, and you can move on to the next chapter of your life. However, it’s not uncommon for your circumstances to change over the course of the years following your divorce, and the terms and conditions of your divorce agreement may no longer reflect your best interests. As such, you may wish to seek a post-divorce modification. Understanding what this means, what modifications you may be eligible for, and the importance of working with an experienced attorney during these matters is critical. The following blog explores what you should know about this process and the importance of working with Sussex County, Sparta post-judgment modification attorneys to assist you in these matters.
What Is a Post-Judgment Modification?
Following a divorce in New Jersey, you may want to update the terms and conditions of your current agreement. It’s important to understand, first and foremost, that a post-judgment modification is a legal request from the court to change the terms of the divorce decree.
However, it is imperative to understand that, in order for the court to grant this modification, there must be a significant change in circumstances that warrants the change.
What Can Be Modified After a Divorce in New Jersey?
Understanding what divorce-related orders you can seek a modification for in New Jersey is critical. Most commonly, this includes:
- Spousal support
- Child support
- Child custody
- Child visitation
- Relation within the state
- Relocation outside of state lines
What Circumstances Justify a Modification?
Your life may change drastically over the years following a divorce in Sussex County. In order to obtain a modification, you will have to prove to a court that the modification is necessary. The following circumstances may call for a post-judgment modification in New Jersey:
- A child reaches the age of emancipation
- A child starts college
- Cohabitation with a new partner
- The child’s schedule changes
- If either party receives a promotion, demotion, loses their job, becomes disabled, etc.,
- If either party exposes their child to domestic violence, substance abuse, a serious mental illness, etc., custody agreements may need to change
Financial Modifications: Child Support and Alimony
Two of the most common modifications that divorced couples seek post-judgment revolve around financially modifying child support or alimony orders.
Child Support Modifications
Typically, you’ll find that child support can be modified in the following circumstances:
- A child becomes emancipated
- There is a significant change in income for either parent
- The parenting arrangement changes drastically
- A child starts or finishes college
Alimony Modifications
Under similar circumstances, you can seek the modification of spousal support payments if:
- One party loses their employment or suffers from a reduced earning capacity
- One party retires
- One party suffers a serious illness or disability
- The recipient spouse begins cohabiting with a new partner
The courts will examine how the changes impact the paying spouse’s ability to make payments and the recipient spouse’s need for support
Custody and Parenting Time Modifications
When custody is determined at the time of divorce, the courts will adhere to the “child’s best interests” standard in accordance with NJ Rev Stat § 9:2-4. This essentially means that the court will prioritize the child’s health, well-being, and safety above all other factors. As such, if either parent requests a modification, the court will examine whether or not to implement changes based on the best interests of the child.
When Custody or Parenting Time May Change
Because the courts prioritize the best interests of the child, the following are situations in which a modification is commonly granted:
- A parent relocates
- The emotional, educational, or developmental needs of the child change
- There are concerns about the emotional health of a child
- There are concerns for the child’s safety
- There are changes in a parent’s living situation or availability
In some instances, judges in Sussex County will order mediation or evaluations before issuing a modification, as they often have broad discretion in custody matters.
Relocation After Divorce
It’s not uncommon for one party to move away after a divorce order has been issued. While this generally does not impact alimony, it can impact child custody.
Moving Within New Jersey
In the event one parent moves away from Sparta or Sussex County but still lives within the state, relocation with the child may require court approval if it has a significant impact on the current custody arrangement.
Moving Out-of-State With a Child
If one parent is seeking to move out of New Jersey with the child, the courts must consider a number of matters. As such, the parent looking to relocate must generally provide:
- A legitimate reason for the move (such as job relocation)
- That the new location would be in the child’s best interest
- A feasible parenting time arrangement
How Are Modifications Enforced?
In New Jersey, there are a number of ways to enforce post-judgment modifications. A New Jersey court may order:
- Make-up parenting 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
It’s important to understand that these measures are generally intended to ensure compliance rather than punishment. However, courts do have the authority to implement continued measures if the violations are ongoing.
Contact Our Sussex County Divorce Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, and Morris County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.