After divorces are finalized, there are different factors involved in the final resolution. These factors can include decisions on child support, child custody, alimony and more. Whether these factors are decided through mediation or litigation, spouses are expected to hold up their end of the bargain. If they fail to do so, they face the risk of re-entering into court or being struck with a court order. However, there are aspects in life that may influence the factors agreed upon during divorce. If individuals undergo lifestyle changes later on, former spouses may be able to request a modification to their original divorce agreements.
How can modifications be made?
During divorces, spouses may agree on certain arrangements or be ordered by a judge to follow specific expectations. These arrangements are made based on the current situation. After divorces are finalized and years pass by, changes may be made to these decisions. Decisions can be changed due to a variety of reasons. If a former spouse experiences a job change where they are bringing in more profit, alimony may be an issue that needs to be modified to consider the current finances. Other factors that may cause modifications can be unemployment, illness or remarriage. Since present factors are the only ones that influence the resolution, they can be adjusted in the future to reflect more recent changes.
Can child custody be rearranged?
When child custody agreements are made, a judge decides it based on the child’s best interests. However, this can change over time. A judge may name one parent the custodial parent, but if it comes to their attention that the child is responding negatively to the situation, adjustments may have to be made. If a parent notices negative changes to a child’s behavior or school performance, they may attribute it to the influence of the other parent, who is their former spouse. The parent can bring the issue to the attention of the court, where they can decide on custody modifications that better suit the child.
What can I do if my former spouse refuses to follow court orders?
A judgment of divorce passes court orders that are binding. Former spouses are given court-ordered guidelines that they have to follow regarding certain issues post-divorce. If one spouse fails to do so, the other has the right to bring it to court. They can take action by filing a post-judgment motion. This can enforce your right to acquire the demands that were set forth in the court order. The court then has options to consider. They have the right to decide that the former spouse may be in contempt of the court by refusing to follow court orders.
If you are unsure of what may require legal action, you should contact our attorneys to find out more about your options. We want to ensure you are getting what you deserve. Our firm has experience with these cases and can best represent you.
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.