Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

New Jersey Post-Divorce Disputes Lawyer

After a divorce, not everyone is satisfied with the outcome. There are extremely important decisions that can impact a person’s entire life that are made during a divorce. While spousal support, child custody, visitation and child support may have been decided during the trial through a court order or through an agreement to quickly wrap up the divorce, that does not mean that everything must be a final, long-term decision.

It is important to be aware that decisions regarding the equitable distribution of property are generally not overturned. This is because once property decisions have been made people make final decisions such as selling a home or moving into a new one.

Therefore, the court will be hesitant to overturn decisions regarding property. Most other orders can be changed but you will have to speak to a New Jersey post-divorce disputes lawyer to find out if your circumstances warrant a change in the previously agreed upon orders. It may be critical to contact a skilled divorce attorney about the negotiations that matter to you. 

Modification in Spousal Support

Alimony in New Jersey can last for a very long time and that is why it can be valuable to speak with a New Jersey post-divorce disputes lawyer. While lifetime awards of spousal support are no longer granted, depending on the length of the marriage alimony may last for decades. The amount of spousal support can be modified but unless there are unusual circumstances the duration of support will not be changed.

To modify the amount of spousal support the court will need the person asking for the modification to show that there was a change in circumstances. For example, one way to modify support is if there has been a significant change in income. The other way to change spousal support is if circumstances that the court had believed would happen never occurred. This can happen if the person receiving support was expected to obtain training or education for a career but has been unable to do so.

Spousal support can be terminated if the person receiving it is now cohabitating with another person. There are a few factors that can be used to show cohabitation such as if the couple is living together if they share expenses and household chores.

Modification for Child Support

Either parent can ask for a modification of child support, either to increase or decrease the payment amounts. For a modification, the person has to show that there is a change in circumstances. The parent requesting the change will need to provide the court with all of their financial information for the judge to review. Then the court will go through the same set of factors it went through when awarding the original child support order.

Usually, a substantial change in income for either parent will warrant a change in child support, as long as the income change was not made just to modify child support. Parents should speak with a New Jersey post-divorce disputes lawyer who can help defend their priorities in the separation. 

Modification for Child Custody and Visitation

Lastly, but also for many most importantly, child custody and visitation schedules can be modified following a divorce. When determining custody, the court will look at a number of factors to figure out what custody arrangement is in the best interest of the child.

When asking for a custody modification again the court had to decide if it is in the best interest of the child to make the change. Some common types of changes that create a request for modification are when one parent moves, a stepparent is added to the family or when the child is older and wishes to live with the other parent.

There are several types of divorce orders that can be changed after the divorce has been issued. While property related judgements are typically never modified, courts will allow modifications for spousal support, child support and child custody.

Speaking with an Attorney

In each scenario, it will be up to the person requesting the change to show why the change should be made. A New Jersey post-divorce disputes lawyer can assist you in court to show that the modification should or should not be granted.