As children mature and their needs change, or a parent’s work schedule or income changes, child custody, child support, or spousal support may need to change, too. That is when our family court lawyers in New Jersey can help you with a modification of your support and custody order. Contact a knowledgeable and skilled Mercer County post-divorce modification lawyer from The Law Office of Rachel S. Cotrino, LLC today.
Child Support Modifications in New Jersey
If the child’s needs change, or if a parent’s financial situation changes, the amount of child support may need to be modified either by a mutual agreement or by a court order. Loss of employment, changes in health, changes in income, changes in educational expenses, and remarriage are common reasons for amending a support order.
Another common reason people modify their child support order is that their child has reached the age of maturity. In any case, New Jersey’s courts take a conservative approach to petitions to modify child support, and the courts will only do so if there has been a valid and significant change in circumstances.
Child Custody Modifications in New Jersey
New Jersey courts will not typically consider altering a child custody arrangement that appears to be working for everyone involved. Generally, a court will not interrupt a child’s way of life unless there is a “substantial change in circumstances.” The question of whether there has been a “substantial change in circumstances” is a major factor in determining whether a modification of custody or visitation is appropriate. Examples of substantial changes in circumstances include:
- Relocation of the parents
- Major changes in a parent’s vocation or working hours
- Domestic violence in a parent’s home
- Poor behaviors by a parent, such as drug and alcohol abuse
- Dangerous conditions in a parent’s home
Alimony (Spousal Support) Modifications in New Jersey
Spousal support, also known as alimony, is not always meant to remain the same forever. Just like with child support or custody, life circumstances can and do change over time. When they do, an existing alimony order may need to be adjusted to better reflect the current situation of both parties.
In New Jersey, a court will generally only modify alimony if there has been a significant and ongoing change in circumstances. This means that a temporary or minor change is usually not enough. Instead, the change must be meaningful and expected to continue for some time. Some of the most common reasons for modifying spousal support are as follows:
- A loss of employment or a significant change in income
- A serious illness or change in health for either party
- Retirement, particularly when it occurs at a reasonable age
- The supported spouse becoming financially independent or earning more income
- Cohabitation or remarriage of the supported spouse
- Changes in financial obligations or living expenses
When a modification is requested, the court will look at the financial circumstances of both parties and determine whether the existing support order is still fair. In some cases, alimony may be reduced or increased. In others, it may be terminated altogether, depending on the facts of the case.
It is important to understand that a spousal support order does not change automatically. Even if your circumstances have changed, you must either reach an agreement with the other party or seek approval from the court. Until that happens, the existing order remains in effect.
Contact a Post-Divorce Modification Lawyer in Mercer County, NJ Today
Whether you believe a modification is needed in your situation or you simply wish to be aware of how and why your arrangements could change in the future, contact our office for a consultation. Let our family lawyers in New Jersey guide you regarding the modification of support, custody, or visitation. Contact a post-divorce modification lawyer from The Law Office of Rachel S. Cotrino, LLC today.
