If you are looking to change your divorce, custody, or support orders to better fit your current needs, a modification could be the solution. But what is a modification? How are modifications granted? How long does it take to get a modification approved? What happens if your ex contests the modification?
Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., can help you address these concerns and handle every aspect of your modification case while you focus on moving forward. Joe and his team work with clients across New Jersey to pursue fair modifications that reflect their changing situations. He will carefully review your circumstances, develop a clear modification plan, and represent you in court if necessary.
Contact our law firm today to arrange your initial consultation and take the first step toward the changes you need.
Why You Need a New Jersey Modification of Orders Lawyer
Trying to handle a modification of orders on your own can be risky. Without a lawyer, you might struggle with paperwork, miss filing deadlines, or fail to make a strong argument for your changes. You need and deserve a New Jersey modification of orders attorney to guide you through the process and help you avoid costly mistakes. An experienced attorney can advocate for your needs, protect your rights, and get your case the attention it deserves.
Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., provides the support and personal attention necessary to make a difference in divorce and family law cases across the Garden State. With years of experience, our team knows how to handle complex legal issues. Joe works tirelessly to reduce stress, financial strain, and unnecessary conflict for every client and prioritizes responsiveness and attention to detail every step of the way.
As part of Wilentz, Goldman & Spitzer, P.A., one of New Jersey’s oldest law firms, Joe has access to approximately 100 attorneys. His professional network can provide valuable assistance for cases that overlap with corporate law, estate planning, and other practice areas. Choosing Joe means getting a team dedicated to protecting your future and increasing your chances of a favorable outcome.
What Is a Modification of Orders?
In a family law case, a modification of orders allows someone to request changes to existing court orders establishing child support, custody, alimony, or visitation. These orders might require updates if circumstances change for either parent or child. For example, if a parent loses a job, remarries, or relocates, they might ask the court to adjust the support or custody arrangements. Courts also consider changes in a child’s needs or health as valid reasons for modification.
Family law modifications offer a way to keep court orders realistic and fair as life circumstances shift. To start, you’ll need to file a request with the court, provide updated information, and sometimes attend a hearing, where a judge will review and decide if a change is appropriate.
What Are the Common Reasons for Divorce Modifications in New Jersey?
Divorce modifications happen when one or both parties need to update the terms of their divorce agreement due to significant changes. In New Jersey, courts allow these changes for several common reasons that directly affect finances, family arrangements, or health, such as:
- Changes in Income – If you lose your job, face a reduction in earnings, or experience another change in financial circumstances, you might request a modification for child support or alimony.
- Relocation – Moving to another city, state, or country can impact visitation and custody arrangements. You can seek a modification if you need to adjust these terms due to relocation, especially if the move affects your ability to follow the original agreement.
- Remarriage or New Domestic Partnership – If you or your ex-spouse remarries or begins a new domestic partnership, this could call for a modification or termination of alimony obligations.
- Health Issues – Serious health changes, whether for a parent or child, can increase expenses or alter one’s ability to work. In these cases, the court might consider modifying financial obligations to reflect the new needs.
- Aging or Emancipation of a Child – As children grow older, their needs change. Certain changes can increase or decrease child support obligations. When children reach legal adulthood or become emancipated, child support orders typically end.
What Types of Events Qualify for Post-Divorce Modification?
Courts generally approve changes when a significant shift in circumstances affects either party’s ability to follow the original terms. For example, you could qualify for a justified reduction in alimony or child support payments after a job loss, retirement, or other decrease in income. Relocation is another common reason for a divorce order modification. If you or your ex-spouse moves to another state or country, you might need to alter custody or visitation orders to accommodate the change.
Health changes for an ex-spouse or child can also lead to a modification. A serious illness or disability could alter your financial needs or ability to meet existing obligations. Additionally, changes in a child’s needs, like increased medical or educational costs, often qualify for adjustments. Finally, a child reaching legal adulthood or becoming emancipated can end a child support obligation.
How Are Child Custody Order Modifications Handled?
You must file a request with the court that originally issued your child custody order to modify it. You’ll need to show a significant change in circumstances that justifies a new arrangement. The court reviews each request carefully and considers what will best support the child’s needs and stability.
During the modification process, the court might ask you and your child’s other parent to provide updated information on financial details, living arrangements, and the child’s needs. In some cases, the court will also seek input from professionals like child psychologists or social workers to ensure any new arrangement promotes the child’s best interests.
If both parents agree on a new custody plan, the court usually approves it without further action. However, if they disagree, the court holds a hearing where both sides can present their case, and a judge will make the final decision.
How Are Child Support Order Modifications Handled?
You must demonstrate a significant change in your financial situation or your child’s needs to modify a child support order. You start by filing a request with the court that issued the original order, explaining why you need an adjustment. If both parents agree on the modification, the court typically approves it. However, if there’s a disagreement, a judge will schedule a hearing and decide based on the evidence.
The court reviews each request based on the specifics of your situation and current financial details. Both parents will likely need to provide updated financial information, such as pay stubs, tax returns, and a list of expenses. The court examines these documents to decide if a change in support is necessary.
How Are Spousal Support Order Modifications Handled?
You must demonstrate that your or your spouse’s circumstances have changed significantly to modify a spousal support order. You must submit a motion that states your reasons for requesting the change to the court that issued the initial order.
If one ex-spouse maintains insurance coverage for the other, the court might also reassess this arrangement if the original circumstances have shifted. You should include details about any significant changes to your insurance situation in your filing. This coverage can play a role in determining how the court modifies your support order, especially if the insuring party’s employment has changed or ended.
If you and your ex disagree about the modification, the court can step in to evaluate each party’s arguments and financial details and make a decision. If both parties agree, however, the court generally finalizes the modification after verifying that it meets legal standards.
Can I or My Ex-Spouse Modify Geographic Restrictions for My Child(ren)?
In New Jersey, a separated parent cannot move their child out of state without the other parent’s consent or a court order. Significant in-state moves might also require approval if they disrupt existing custody arrangements.
Either parent can request a modification of geographic restrictions for a child in New Jersey, but the court will only approve it if it aligns with the child’s best interests. Courts consider factors such as each parent’s ability to communicate and cooperate, the child’s needs, and the potential impact on the child’s education and home stability in their relocation decisions.
Can a New Jersey Court Modify the Agreement to Divide Marital Property?
Once a court finalizes an agreement to divide marital property in New Jersey, it rarely allows modifications.
Generally, property division arrangements are binding and cannot be changed unless you can prove exceptional circumstances, such as fraud, duress, or a mistake in the original agreement. For example, you could ask the court to reopen a property division case if you discover that your ex-spouse intentionally hid assets during your divorce.
However, simply wanting a better outcome or feeling that the agreement is unfair won’t be enough to justify a modification.
