Modifications Safeguarding Your Family's Future

Modifications Lawyers in Parsippany, NJ

Dedicated Legal Help for Post-Divorce Modifications in New Jersey

At the time of your divorce, terms set forth in the final decree generally reflect the current life and financial circumstances of both parties. However, as the years pass, circumstances may change that can make those terms obsolete or difficult to maintain. In such situations, you may be able to have the agreements altered by the court to reflect the changes to your life, family, and finances. However, you will need to present credible evidence to the court demonstrating those changes and how they impact the agreements that have become court orders that may no longer be viable.

Courts are generally willing to listen to petitions for changes to divorce settlement terms. How successful you will be in this endeavor depends on the evidence and arguments presented for the court’s consideration. Your case may also be contested by your ex-spouse presenting opposing arguments. At Simon, O’Brien, & Knapp, our Parsippany modification attorneys are experienced in representing clients both seeking and opposing changes to an existing family law court order. We are here to fight for your rights and best interests and to ensure that your future and that of your children is safeguarded.

Modifications to Divorce Terms in New Jersey

Those issues that can be subject to a change in terms or agreements after family court orders have been finalized can include:

  • Child support, which may be increased, decreased, or terminated
  • Alimony (spousal support) obligations which may be increased, decreased, or terminated
  • Parenting time schedules that may be changed to increase or decrease time spent with parents or otherwise alter these arrangements
  • Child custody arrangements, such as changing with whom a child primarily resides or removing or including legal or physical custody

While co-parents or ex-spouses may make verbal arrangements counter to what a court has ordered, these verbal arrangements are not enforceable by a court or legally binding. They can also lead to disputes or open you up to legal action taken against you by the other party for violating court orders.

You will have to present to the court valid reasons for wanting to alter existing custody, support, or alimony agreements. The types of life changes must be significant and ongoing and not just temporary.

Examples of such can include:

  • You have lost your job or had hours or pay reduced
  • You have retired
  • You have contracted a serious illness or have become disabled
  • Your ex-spouse has had a substantial increase in income
  • Your ex-spouse is co-habiting with another person in an intimate personal relationship
  • Your ex-spouse has remarried
  • A child you share has become seriously ill or disabled leading to greater expenses
  • A child has married or joined the military prior to reaching emancipation
  • You have additional children that need support since court orders were finalized
  • A child’s needs have changed through maturing, extra-curricular activities, higher education, or some other factor that makes it difficult to maintain the current custody or the parenting schedule
  • A parent wishes to relocate with a child

These can be complex cases with both sides asserting their rights and interests. You and your ex-spouse may be able to resolve the issue through negotiation or mediation but you will still likely have to convince the court that a modification is justified and, in the case of children, in their best interests.

Talk to One of Our Respected Attorneys About Your Case

When you consult with our firm, we can review your case to determine if your case is strong enough to make a modification likely in the eyes of the court. Our legal team is well-versed in New Jersey family law and how courts generally view the issues surrounding modifications. On the other hand, if your ex-spouse is proposing a modification that you believe is detrimental to you or your child(ren), we can prepare and pursue arguments that will support your case. We advise that you reach out to schedule a consultation with one of our experienced family law attorneys to discuss the specifics of your situation as soon as possible.

Call (973) 604-2224 today to book your case evaluation.

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