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Modifying Settlement Agreements in New Jersey
When a couple goes through a divorce, they are required to settle many marital issues. All decisions made regarding these issues must be finalized by a judge. Even decisions made through divorce mediation must be approved, as the judge reviews the couple’s decisions before they are official. In all court cases, a judge’s decisions are considered the law. This means that once the decisions are made, they are required to be followed and can be enforced by the court. However, courts in New Jersey are aware that family circumstances are subject to change. Because of this, modifications can be made to an order after it is made so that it may accommodate significant changes in life. This can only be done if a spouse can prove the changes are major and ongoing.
Child Support Modifications
When divorcing spouses have children, child support payments are decided by the court. Sometimes, one parent may request to modify the payment amount over time. The modification can either be an increase or a decrease in the amount of the payments. Situations in which a modification may be asked for can include:
- A change in custody arrangements
- Loss of employment
- An increase or decrease in income
- If a child requires money for medical treatments
Spousal Support
Similar to child support, one spouse may owe the other payments to support them after the divorce. This is also called Alimony. The amount paid is decided by the court in order to avoid issues between the spouses. The payments can also be modified if there is a major change in one or both spouse’s situations. This can be a change in a spouse’s ability to pay the support or a dependent spouse’s need to receive it. Modifications can be made to this if a former spouse experiences:
- Loss of employment
- A change in income
- An illness
- A spouse’s ability to become financially independent from the other spouse
Custody and Visitation Schedules
A child’s custody arrangement and a parent’s visitation schedule are settlements that can also be modified. Similar to other issues, one or both of the parents are required to prove a significant and ongoing change in their life in order to receive a modification. The court will listen to both sides for and against the modification and come to a decision that is in the child’s best interest. Reasons for modification may include:
- If one parent relocates
- Any medical problems with the child or a parent
- A change in a parent’s employment
- Parent alienation
- A negative change in the child’s school performance
Contact our Firm
If you or someone you know is looking to modify a family arrangement, contact the Law Office of Sabrina Gianna, LLC. today.
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.
