Our lives change drastically over the years. As a result, the arrangements we make at one point in time may no longer work later on. If this is the case, you may need to file for a post-divorce modification. Read on to learn more about the process.
What is a post-divorce modification?
A post-divorce modification is when a spouse wishes to change his or her initial divorce agreement because it no longer applies to his current situation in life.
What can be modified?
You may be able to modify matters that were decided during your divorce like child support, child custody, or spousal support.
What warrants a modification?
Some of the most common occurrences that warrant a post-divorce modification include:
- Remarriage: If your former spouse is now living with another person or has remarried, you may request a modification so that you no longer have to pay alimony.
- Emancipation: If your child reaches the age of emancipation or is financially independent, you may request a modification so you can stop making child support payments.
- Higher education: If your child plans on pursuing higher education, you may request an extension on child support payments, even if your child has reached the age of emancipation.
- Unemployment: If you lost your job or received a demotion, you may request a lesser alimony/child support agreement. Conversely, if you receive a promotion, a higher paying job your former spouse may request an increase in alimony/child support payments.
- Abuse: If you believe that your former spouse has exposed your child to a substance abuse issue, an incident of domestic violence, or any other action that may call his or her parental fitness into question, you may request a modification to your initial child custody agreement to protect your child.
How do I obtain a post-divorce modification?
In order to obtain a post-divorce modification, you will have to prove that your circumstances have changed drastically and permanently. This can be difficult to prove, so it is important to work with an experienced divorce attorney.
If you are interested in obtaining a post-divorce modification, reach out to our firm today. We are here to advocate for you and walk you through the process every step of the way.
Contact our experienced Red Bank firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.