What is a Post-Judgment Modification in New Jersey?

post-judgment modification new jersey

Even after a New Jersey court makes a judgment in a divorce case, either party may apply for a post-judgment modification. When one or both former spouses, or their child, experience a change in circumstances that makes the prior judgment regarding alimony, child support, child custody and/or visitation unfair or unworkable, one or both parties may file a post-judgment motion. For more information on the nature of a post-judgment modification and whether you are eligible for one, please continue reading, then contact one of our experienced post-divorce modification attorneys in Bergen County, NJ today.

Who qualifies for a post-judgment modification in  New Jersey?

As alluded to above, either party or one of their children must have undergone a significant relevant change in circumstances in order to warrant a modification of the judgment. Such changes in circumstances may include:

  • The loss of a job
  • Getting a new job
  • Severe illness, including mental illness
  • Permanent or long-term disability
  • The discovery that the child has special needs or special talents
  • Relocation or the desire to relocate
  • The emancipation of a child, either upon reaching the age of eighteen or for other reasons
  • The child going to college

Can you request post-divorce modifications for relocation?

The most common basis for a post-judgment modification hearing is a proposed relocation, either to take a new job, live closer to extended family or for other reasons. Relocation can make shared custody or visitation much harder and costly and, as a consequence, can reduce the amount of time that the non-custodial parent spends with the child.

How do economic changes affect a post-judgment modification in NJ?

Economic changes are the second-most common grounds for post-judgment modifications. A supporting former spouse may no longer be able to afford to pay the same amount for alimony or child support if he or she loses his or her job. Conversely, a dependent former spouse, formerly un- or underemployed, may no longer need as much alimony or child support if they start a new job.

Can you modify child support in New Jersey?

The Garden State does not require parents to continue paying child support once the child is emancipated, which may happen when the child reaches the age of eighteen but could happen earlier or later. For instance, a child may become emancipated when he or she moves out of a parent’s home, begins working full-time or gets married. However, if the child is still in college and needs financial support from either or both parents or has a disability, he or she may remain legally dependent on his or her parents.

Naturally, you should not make any unilateral decisions without the court’s approval. To increase the likelihood you will receive a post-judgment modification, speak with one of our skilled Bergen County divorce attorneys soon.

Contact our experienced Bergen County firm

To speak with our team of family law lawyers today, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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