Can I Modify Divorce Terms After They Are Determined in Court?

Throughout a divorce, couples must come to a decision regarding the future of their marital issues before the proceedings can finish. Once this is done, they can be approved by the court and finalized as the law. This means they are required to be followed by both parties. If they are not, the orders can be enforced by the court. However, the New Jersey court system understands that a person or family’s situation can change over time. It is because of this that changes can be made to modify a divorce settlement so that it may better suit their new circumstances. When seeking a modification, it can be beneficial to retain the services of an experienced New Jersey divorce attorney for assistance.

What Arrangements Can be Modified?

Modifications can be made to the major divorce and family law settlements in New Jersey after they are determined the law during the proceedings. This can include the following:

  • Child Custody: If either a parent or child experiences a serious change in their life that calls for a change in the predetermined custody agreement. 
  • Child Support: If a child support paying parent experiences financial changes, either an increase or decrease in the amount that is owed can be requested.
  • Spousal Support: If either party experiences changes in their financial or personal situation, an increase or decrease in the amount that is owed can be requested.

Why Would I Need a Modification?

When a person wants a modification to be made to a settlement agreement, they are required to prove that there is a significant and ongoing change that requires the change to be made. The following are different reasons that a post-judgment modification may be needed:

  • A child reaches the age of emancipation and no longer needs child support 
  • Financial responsibility must be determined to pay for a child’s college education
  • Either party begins living with another person and no longer needs financial support from their former spouse
  • If changes in the child’s schedule occur, the situation may call for custody terms, parenting time, and visitation schedules 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

Contact our Firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.