Modifying an existing divorce settlement is not a task you should do alone. Our skilled New Jersey divorce modification attorneys will help you throughout the process, ensuring the courts and your former spouse will comply with your request.
Can a Marital Settlement Agreement Be Changed?
Yes, New Jersey divorce courts allow certain changes to an existing marriage settlement. To achieve a divorce modification, you must file a motion with the same court.
There are also rules regarding specific modifications since some terms require a “one-time” settlement. You should first discuss your divorce modification with a Neptune, New Jersey family lawyer.
Child Support
New Jersey courts usually grant child support modifications in certain cases. Most individuals modify an existing child support settlement when one parent has another child or experiences a change in income, including getting a new or additional job and losing employment.
Child Custody and Visitation
To modify an existing child custody or visitation arrangement, one parent has to prove the other is unfit to raise or see their child. Child custody modifications are usually granted if one parent moves to another state.
Property Distribution
Property distribution modifications are rare compared to child support and custody changes. Most New Jersey courts will grant property distribution modifications if one party can prove there was fraud at any point during the disclosure of assets.
Alimony
Either party can file for an alimony modification if they endure significant financial changes. For example, if one spouse was unemployed when they agreed on an alimony settlement, the paying party may file a modification to end alimony payments.
The paying party may also end alimony payments if they lose their job, but the unemployment must have been involuntary.
How Do I File for a Divorce Modification?
To file a divorce modification, you must file a Motion to Modify directly to the court where you filed your original NJ divorce settlement. The Motion will detail the modification and any other details that pertain to your request. Your attorney can guide you through the process, ensuring you create an effective case.
Experienced NJ Post-Divorce Arrangement Attorneys
Life changes. If you got divorced in the past and your previous settlement does not reflect your current position in life, you will need a skilled NJ divorce modification attorney at your side. For the courts to grant your modification, you’ll have to prove these significant life changes.
When you seek the assistance of an attorney, you will have an easier time granting a modification months or even years after your divorce. Our law firm will work closely with you to understand your unique circumstances and guide you through the divorce modification process. We are aggressive family lawyers and always work in our client’s best interests.
Contact Us Today
Do you need representation for your New Jersey divorce modification? Please contact our attorneys at Sangiovanni Marchetti Law. We have over 30 years of experience assisting Neptune, New Jersey residents with divorces and child custody arrangements. Fill out our contact form below to schedule your consultation.
Neptune Divorce Modification FAQs
When will I be unable to modify a decree?
You can file a New Jersey divorce amendment for nearly any reason in New Jersey. However, some modifications are more common, and the courts usually grant these changes over others.
No matter why you are filing a divorce modification, you will have to prove a significant life change. The courts may also want you to prove your former spouse agrees to these changes.
My divorce settlement was unfair. Can I challenge it?
If you find your divorce settlement is unfair, it is best to challenge it during the initial process. If there are aspects of your settlement you do not like months or years after your divorce has been filed, you can discuss an appeal with your family attorney. However, there is no guarantee your courts will accept this appeal.
Keep in mind that you will have an easier time challenging a previous settlement if you can prove there was an improper ruling or if there were any other irregularities.
My former spouse is not paying child support/following the child custody arrangement. What do I do?
Both parties must abide by any child support or custody arrangements. If one parent does not, they are committing a divorce decree violation. You must file an application for enforcement and seek child custody or support services. Our child support and custody attorneys can help you navigate the process.
