Sussex County Post-Divorce Modification Lawyers

Divorce is a life-changing event, and often, this big leap can pave the way for additional changes down the road. In some cases, these events may render an initial divorce agreement no longer feasible or, at the very least, require updating to reflect your current circumstances. Fortunately, New Jersey courts recognize this, and, in some cases, you can obtain what’s known as a post-divorce modification, or a post-judgment modification. If you’re looking to update your divorce agreement, please don’t hesitate to contact the knowledgeable Sussex County post-divorce modification lawyers here at Gruber, Colabella, Thompson, Hiben & Montella for a free consultation today.

What is a Post-Divorce Modification?

A post-divorce modification, also referred to as a post-judgment modification, is a legal change to the terms of a finalized divorce agreement. These modifications are typically pursued when there has been a substantial change in circumstances that makes the original agreement no longer fair or workable for one or both parties.

In New Jersey, family courts understand that life doesn’t stand still after a divorce is finalized. Whether it’s due to a job loss, a change in income, relocation, or a shift in your child’s needs, you may be eligible to request that the court revisit and revise certain terms of your original divorce judgment. Importantly, not all parts of a divorce decree can be modified, and any changes must be approved by the court before they are enforceable.

To qualify for a post-divorce modification in New Jersey, you must be able to prove that a substantial change in circumstances has occurred since your divorce decree was finalized. This change must be unanticipated, long-lasting, and material enough to make the original agreement unfair or unworkable.

What Terms Can I Modify?

In New Jersey, you may be able to modify certain elements of your divorce judgment, but only if you can demonstrate a significant and ongoing change in your circumstances. Here are some of the most commonly modified terms:

• Child Support: You may seek a modification of your child support obligation if there has been a substantial change in either parent’s income, the child’s needs, or expenses (such as educational or medical costs). For example, a job loss, promotion, or a significant health condition may justify a change.
• Alimony (Spousal Support): Alimony payments can be increased, decreased, or terminated if there has been a meaningful change in financial circumstances. This could include retirement, involuntary job loss, remarriage or cohabitation of the supported spouse, or a change in either party’s earning capacity.
• Child Custody and Parenting Time: If there has been a change in your child’s needs, your work schedule, or living arrangements, you may be able to request a change in custody or visitation. Courts always prioritize the child’s best interests, so any requested modification must demonstrate how the change serves that standard.
• Health Insurance and Medical Expenses: If a child’s or ex-spouse’s medical needs have changed, or if insurance coverage has been lost or significantly altered, you may ask the court to adjust who is responsible for coverage or out-of-pocket costs.
• College Contribution and Educational Expenses: As children grow older, issues regarding who will pay for college or other post-secondary education can become a point of disagreement. You may seek a modification to allocate these expenses fairly based on each parent’s financial situation.

Keep in mind, any agreed-upon changes between you and your ex-spouse must still be approved by the court to become legally binding.

What is the Process for Obtaining a Post-Divorce Modification in NJ?

The process typically begins with your lawyer filing a motion with the family court that handled your original divorce. In your motion, you must present clear and convincing evidence supporting your request for modification. The court may require financial documentation, medical records, or other proof, depending on the issue. From there, your ex-spouse will have the opportunity to respond, and the court will review the facts before deciding whether to grant the modification.

Contact Our New Jersey Post-Divorce Modification Lawyers

Here at Gruber, Colabella, Thompson, Hiben & Montella, our firm is dedicated to guiding clients through each step of the post-divorce modification process. If you’re looking to update the terms of your divorce, you can have peace of mind and confidence in your decision to turn to us. Contact our New Jersey post-divorce modification lawyers for a free initial consultation today.