Modifying Settlement Agreements in New Jersey
During a divorce, couples must come to conclusions regarding their marital issues. Once these decisions are made, they must be approved by a judge. When a judge approves their new arrangements, they are finalized and considered the law. Because they are the law, spouses are required to abide by them. If they are not, the arrangements can be enforced by the court.
While this is true, courts in the state of New Jersey are aware that family situations can change as life goes on. This is why they allow for modifications to be made to settlement agreements even after they are finalized. Modifying a settlement agreement can ensure it will better suit the family’s new situation. In order to receive a modification, the individual must provide evidence to the court that shows these changes in their life are significant and ongoing.
Child Support Modifications
When parents divorce, they are still both required to financially assist their children. This is done through child support payments. Child support requires one parent to make payments to the other in order to balance out the child’s cost of living between both of them. There are situations in which a parent may want to modify the amount of these payments. This may be requested in the event of one of the following circumstances:
- A change in custody arrangements
- Loss of employment
- An increase or decrease in income
- If a child requires money for medical treatments
Custody and Visitation Schedules
Divorcing parents must determine new living arrangements for the future of their children. This can be done with child custody arrangements that establish a living situation and a visitation schedule. It is possible to have these arrangements modified over time if it no longer suits the parent or child’s lives. To receive this, one or both of the parents must prove that a major change is continuing in their life. In these situations, the judge will evaluate both arguments for and against the adjustment. Reasons a modification may be requested can include:
- If one parent relocates
- Any medical problems with the child or a parent
- A change in a parent’s employment
- Parent alienation
- A negative change in the child’s school performance
Another form of financial support that may be required after a divorce is spousal support. This is also known as alimony. These payments are made from one former spouse to the other in order to support them after the divorce as they begin their new life. Sometimes, situations can change the amount of support that needs to be paid. When this happens, a modification may be requested. Similar to other modifications, a former spouse must prove there is a change in an ability to pay the support or a need to receive it. Adjustments may be requested in the event of:
- Loss of employment
- A change in income
- An illness
- A spouse’s ability to become financially independent from the other spouse
Contact our Firm
If you or a family member is seeking representation for a child support case, contact Townsend, Tomaio & Newmark LLC., today.