At the finalization of their divorce, some people feel a sense of panic. The final court decision could appear unjust or undeserved if you are not enthusiastic about the results. Fortunately, you do have an option to challenge specific terms or conditions of a finalized divorce. Called a post-judgment modification, this motion offers you the opportunity to appeal or modify certain aspects of the divorce. However, New Jersey courts are quite strict about who may qualify for a post-judgment modification. For more information on whether you qualify for a post-judgment modification in New Jersey, please continue reading, then contact an experienced Ocean County post-judgment modification attorney. Some reasons you may request a post-judgment modification include:
Modifications to child custody
Changes are inevitable, especially where children are concerned. Modifications to child custody may come in the form of visitation arrangements or changes to their primary residence. The noncustodial parent may wish to have more visitation time or want to file for shared custody. Due to scheduling issues or changes in employment, the primary custodial parent may want to share more time with the noncustodial parent.
Modifications to child support
Naturally, any changes in child custody may also necessitate changes in child support. One may or may not affect the other because these types of modifications exist separately. A post-judgment modification to child support may result from a change in:
- The primary caregiver’s income
- School tuition
- Living expenses
Due to unemployment or a decrease in income, those who pay child support may need modifications.
Modifications to alimony
Similar to child support, you may have your reasons to request a modification to alimony. Furthermore, either former spouse may make the request. Other than a lost or new job, either former spouse may request a modification due to:
- Cohabitation with a new partner
Modifications due to changes in divorce law
As just one possible example, new divorce laws in 2019 state that supporting spouses can’t deduct alimony payments from their taxes. This may increase their tax bill. If you finalized your divorce agreement on or before January 1, 2019, you may have grounds to request a reduction in the amount of alimony you must pay.
Modifications due to disability, financial emergencies or death
Disasters can happen at any moment, which is why courts have the authority to make post-judgment modifications. Of course, the specific party experiencing the disability, financial emergency or death will play a major role in any potential modification. If the obligor experiences these difficulties, they may ask the court to reduce their payment. Conversely, a court may increase the amount the obligor must pay if the other spouse or their children experiences one of these difficulties.
Speak with a skilled Ocean County divorce attorney before you make any major decisions.
Contact our experienced Ocean County firm
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.