After the Divorce: Modifying Support and Custody
Often times after a Final Judgment of Divorce is entered, circumstances change which require a modification to the terms and provisions of either a Settlement Agreement or other Order of the Court. For example, when a custodial parent wants to move or when the parent paying child support loses a job, the terms of prior Orders or Settlement Agreements may no longer work. When circumstances change, you have the right to seek a modification of a prior court Order. Similarly, if one party simply stops complying with the terms of a settlement agreement or Order of the Court, you have the right to seek enforcement of same.
This is another situation where our attorneys may be able to resolve matters vis-à-vis Consent Orders rather than litigating. However, if the situation deems aggressive litigation more appropriate, we are poised to engage in post-judgment litigation.
Our attorneys know how to protect your rights, be it through enforcing existing Orders, or appropriately seeking modification of same.
Changes Can Affect Child Custody, Visitation and Support
You and your child's other parent may agree on a change in child support or changes in where the child lives, but those changes must be memorialized in the appropriate Consent Order. In situations where changes may be necessary, but the other party will not cooperate or agree, it is necessary to present the matter to the Court for a post-judgment modification. Talk to a lawyer about any necessary or desired modifications before making changes.
- Many people need relief from financial obligations in the current economy. When incomes change, that may effect one's ability to pay child support. Loss of employment may be one such change that could warrant a modification of a party's support obligation by the Court. However, the specific facts and circumstances will determine if and when such an application can be made. Voluntary unemployment or underemployment will not be considered a reason to modify child support.
- It is important to address changes in an appropriate time and manner. Our family lawyers know and stay current with New Jersey State law, and we know the courts in the counties where we practice. Seeking a support modification too soon could result in a denial of relief and paying the other parent's legal fees as well as your own.
- For job purposes, the custodial parent may need to move out of state. The court will want to be certain that the move is being considered and made in good faith, that it is not detrimental to the child, and that the other parent will remain connected to the child.
- If the non-custodial parent opposes a move, that parent can make an application for custody. In this and in all cases involving child custody, the best interests of the child will be paramount.
Mediation can be an effective tool in dealing with child custody and other post-judgment modification issues. Our law firm can answer your questions and guide you to a solution that works for you and your child.
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For answers to your child custody and support questions, contact the Law Offices of Smith & Doran in Morristown, New Jersey.
