If you have already gone through the divorce process, you understand that things change. However, if it has been months or years since you and your former spouse have established the terms of your divorce, you may have a valid reason to request a modification of those terms. If you believe a post-divorce modification is in order, here are some of the questions you may have:
What are the grounds for a post-divorce modification?
The most important factor in a post-divorce modification is whether there has been a significant “change in circumstance.” There are several scenarios that may constitute a valid post-divorce modification, and it is important you know what they are. Here are some of the reasons you may request a post-divorce modification:
- You or your former spouse has received a promotion or demotion, is disabled or unemployed, or had any other significant change in financial income. If this is the case, you or your former spouse may need to make an adjustment to spousal support terms.
- If your child has had a change of schedule, child custody terms and parenting time may need to be modified accordingly.
- If your child has reached adulthood and is not attending college, he or she may no longer be eligible to receive child support payments.
- When your child reaches college age, the court may have to determine financial responsibility for college tuition and related expenses.
- If you or your former spouse are now cohabitating with another person, an adjustment to spousal support may be in order.
- If you of your former spouse expose your child to domestic violence, substance abuse, child abuse, serious mental illness, or any other circumstance that may limit one’s capacity to be a responsible parent, you should modify the child custody terms of your divorce.
How can I prove that a post-divorce modification is truly necessary?
Since a divorce modification indicates a significant change in the lives of your spouse, your child, or yourself, you will need to provide proof that a post-divorce modification is indeed necessary. Some of the documents you may wish to provide, depending on the circumstances, are police reports, tax returns, financial documents, school records, and more. Hiring an experienced attorney will help ensure you provide all the necessary documentation to make a convincing case for a post-divorce modification. However, if you think you can come to an agreement with your spouse more directly, you may try. If you reach an agreement, you may submit a consent order to the courts, which upon review and approval will legally modify the terms of your divorce.
Contact our New Jersey firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.