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How do I get a Post-Divorce Modification in New Jersey?
Divorced New Jerseyans often find that in the months or years to follow, they or their children’s situation, naturally, has changed. When this happens, they request what is known as a post-divorce modification. Please read on and speak with our experienced New Jersey post-divorce modification attorney to learn more about how our firm can help you.
How do I know if my situation qualifies for a post-divorce modification?
The main factor in deciding whether you truly qualify for a post-divorce modification lies in whether you have experienced a significant change of circumstances. Some examples of these scenarios that have warranted these modifications in the past are as follows:
- Child abuse: If your former spouse has a substance abuse problem, has exposed your child to an incident of domestic abuse, or has done anything else that may question his or her parental fitness, you will generally qualify for an updated set of child custody terms.
- Remarriage or cohabitation: When former spouses remarry or begin living with another individual, they will generally have a second paycheck to depend on as well. Therefore, this oftentimes warrants a change in your spousal support, or alimony terms.
- Your child has reached adulthood: When children are emancipated in the eyes of the court, you may be able to terminate your regular child support payments, as it is the assumption most adults are capable of supporting themselves.
- Your child has reached adulthood, yet is pursuing higher education: If your child is of legal emancipation age but is attending college, your former spouse may request that child support payments are extended, as he or she may still require financial assistance to better your child’s life.
- Your child has recently had a dramatic change in schedule: Some various activities and obligations may cause a child’s schedule to change, thereby requiring you, as parents, to modify your child custody agreement to better suit his or her situation.
- Your former spouse has received a large sum of money: Whether a promotion, demotion, a large inheritance, or even winning the lottery, various changes to a financial situation can warrant a modification in child or spousal support.
You should note, however, that you will need the assistance of an experienced attorney who can prove that your change in circumstances is significant enough to warrant a modification. To do so, your attorney will use school records, financial documents, police reports, and any other form of evidence deemed necessary.
Contact our experienced New Jersey firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.