In the months or years following a divorce, your life, rather obviously, will not be exactly the same as it was at the time of your filing. If you have experienced a significant change in circumstances, there is a good chance you may wish to change the terms of your divorce accordingly. If you are in this situation, you may be wondering the best way to do so. Here are some of the questions you may have:
What justifies a post-divorce modification?
You may generally obtain a post-divorce modification is if there is a significant “change in circumstance.” Here are some of the reasons you may request a post-divorce modification:
- Your child has reached adulthood and no longer requires child support payments
- Your child has reached college age and the court must determine financial responsibility for college tuition and associated expenses
- You or your former spouse are now cohabitating with another person–this may require grounds for a spousal support modification
- If your child has a change in his or her schedule, parenting time and child custody terms may need to be adjusted accordingly
- If you or your former spouse has received a promotion, demotion, or is unemployed, disabled, or has had his or her job terminated, there may need to be an adjustment made to spousal support
- If you or your former spouse expose your child to domestic violence, serious mental illness, substance abuse, or any other example of questionable parental fitness, there will most likely be an adjustment made to the child custody terms of your divorce
What factors or terms may be modified?
As mentioned above, you may adjust child support, child custody, or alimony payments in a post-divorce agreement. However, you must first prove your claim before a court grants you a modification. Therefore, you will have to gather the necessary evidence, which may come in the form of tax returns, financial documents, police reports, school records, and more, depending on your individual circumstances. Hiring an experienced attorney will help you gather all the information you need to present a compelling case for a post-divorce modification. However, before hiring an attorney, you may wish to speak with your former partner and come to some kind of agreement on the change you are requesting. From here, if the two of you agree on the modification, you will submit a consent order to the courts, which, upon review and approval, which legally modify the terms of your divorce.
Contact our experienced Bergen County firm
The Partners at Townsend Tomaio & Newmark lead the firm practicing Family and Divorce Law exclusively. All Partners have been honored by their inclusion in the New Jersey Monthly Super Lawyers List for several years. They lead the boutique firm in handling custody, support, alimony, divorce, and domestic violence cases across Northern, New Jersey.
