Post Judgment Modifications
Although a court’s judgment in a divorce is meant to be final, significant issues can arise after the divorce, requiring the court’s consideration. Post judgment modifications to child custody, parenting time, child support or alimony provisions of divorce judgments may be called for when there has been a significant change in the circumstances of one or both parents. Property division in a divorce judgment, on the other hand, is not modifiable. The New Jersey Divorce Attorneys at Cores & Associates, L.L.C. can bring your modification application to the court if we cannot reach an agreement to modify with your ex-spouse.
Modifying Alimony or Child Support Orders
While alimony and child support orders can be modified, you must be able to provide a reason the court deems essential to make the change. This means there must have been a significant change in your circumstances, including (but not exclusive of) a change in your employment status, health, marriage status or economic needs.
Importantly, an obligation to pay child support does not automatically end at age 18 in New Jersey. If you have questions about your ongoing responsibility or entitlement to child support for an older child, contact our office today.
Our New Jersey Alimony and Child Support lawyers will work closely with you to learn about your situation and your reason to change your support order, ultimately helping you to present your case in a thorough and compelling manner.
What Is the Post Judgment Modification Process?
If your circumstances merit a change in your child support or alimony payments, it is in your best interest to consult with an attorney who has experience in handling these cases. You need to prepare and file the proper court pleadings, which will need to establish a basis or compelling reasons for your request to modify support.
New Jersey courts do not “rubber stamp” requests to modify support orders. Rather, they carefully scrutinize every claim in accordance with rigorous legal requirements. Without experienced counsel, it can be difficult to navigate the process successfully.
At Cores & Associates, L.L.C., we carefully evaluate and prepare our clients’ post judgment modifications claims. Once we clearly understand the basis for their case and compile their evidence, we file the necessary motions, notices, affidavits, and other documents with the court.
At the court hearing, we will zealously advocate on behalf of our client. Just as importantly, we maintain close communication with our clients at every step of the process, ensuring that they understand their case’s progress and their legal options.
Post Judgment Modifications and Mediation
Sometimes, litigation is not necessary. Other times, the court will hear a motion and then order the parties to participate in economic mediation. While co-parents will occasionally agree from the outset to a modification, most families require additional assistance. At Cores & Associates, L.L.C., we have found that mediation can help litigants find common ground and reach a compromise without significant court intervention.
Mediation is a method of alternative dispute resolution (ADR) that brings the parties together. With assistance from a trained, neutral mediator, they negotiate back and forth. Sometimes, the mediator and their lawyers can help the parties reach a mutual agreement that helps them avoid costly and public litigation. If mediation is unsuccessful, they will proceed to a hearing — letting the judge resolve their dispute for them.
Enforcement of New Jersey Child Support, Child Custody, and Alimony Orders
Orders are not suggestions. They are legally binding. If you violate an order you can be held in contempt of court or face other penalties.
When your ex-spouse or your child’s other parent is not complying with Orders of the court, the New Jersey Family Law Attorneys at Cores & Associates, L.L.C. can help you secure compliance. Our attorneys are experienced in petitioning the court for enforcement of your rights. We assist our clients with the enforcement of child support, child custody, and alimony orders.
For example, in the case of non-payment of child support or alimony, we may be able to convince a judge to garnish your former spouse or co-parent’s wages. Support payments can be directly deducted from the responsible party’s paycheck, tax refunds, and other income sources. In the most severe cases, you can even file liens against on their property, levy (or seize) assets, suspend their driver’s license, or incarcerate them.
Learn More About How an Attorney Can Help With Post Judgment Modifications
Life doesn’t always go according to plan. After a divorce has been finalized, changed circumstances may lead to the necessity of modifying a court order. We understand that every post judgment modification case is unique and that your circumstances deserve a personalized analysis. To learn more about New Jersey’s processes for modifying child support, child custody, and alimony orders, contact Cores & Associates, L.L.C. today. We will listen to your story, educate you about your legal options, and advise you as to the next steps to take. All initial consultations are complimentary and confidential.