Agreement Modifications
David M. Wildstein: A Trusted Advocate for Justice
The only constant in life is change. New Jersey law allows modification of divorce agreements as to alimony, child support and custody and parenting rights when circumstances change. Substantial changes in your life situation and circumstances with lasting effects can qualify for agreement modifications.
Family Lawyer David M. Wildstein can help you determine when changes may be necessary and lead the process of gaining court approval for agreement modifications, which can help you better negotiate life’s curves and challenges.
When Can You Petition for NJ Divorce Agreement Modifications
Agreements and court ordered judgements made during your New Jersey divorce may not be ignored or otherwise violated without incurring serious consequences. However, alimony, child custody, child support, visitation and other agreements may be legally modified based on changed circumstances. NJ Divorce Lawyer David Wildstein can help you petition the court for agreement or judgement changes such as:
- Increasing or decreasing or terminating child support payments
- Increasing or decreasing alimony or spousal support payments
- Changing the custody arrangements of a minor child
- Changing the visitation/parenting time arrangements
- Relocating children to another state
- Emancipating a child, which ends the child support obligation
When either parent’s life situation changes, they can petition the court for agreement modifications. This can be due to income or career changes that decrease your earnings, when a custodial parent incurs significant increases in expenses for a child, or if the payor spouse retires or becomes unemployed for a significant amount of time. Speak with Mr. Wildstein to see if your situation may qualify.
Requesting Modifications to an Agreement
If you find yourself in a situation where you need to modify or enforce a court order related to financial obligations, custody or parenting time, you must file a motion with the same court that initially issued the order. A motion is essentially a formal, written request asking the court to modify the terms of the order or enforcing an order or judgment. The motion must be accompanied by a sworn certification, under oath that sets forth the factual basis for a modification or enforcement of the judgement.
Attorney David Wildstein can file a motion to change your divorce decree with the court that issued the original ruling. In your motion, he will explain the change in circumstances that necessitates the modification and provide evidence to support your case, such as financial statements, medical reports, changes in employment and experts requiring a modification of alimony, child support, parenting and custody.
The court will review the evidence and apply the appropriate law in rendering the decision. The Court will rarely, if ever, modify an award or agreed related to the equitable distribution of assets. This legal process can be complex, so partnering with an experienced family lawyer like David Wildstein is imperative.
Non-Modification of Agreements
In some cases, one spouse may agree to make the terms of the divorce agreement non-modifiable in exchange for additional financial benefits, such as greater monthly spousal support payments or a more favorable share of assets. However, it’s essential to consider the significant risk involved in giving up the right to modify the divorce agreement, as you never know when you might encounter unexpected financial difficulties.
The ability to request a modification of your divorce agreement is a valuable right that should not be relinquished without careful consideration and compensation. There is always a possibility that your financial situation may change over time. What happens if you:
- Lose your job and cannot find another that pays the same amount of income.
- Suffer an illness or injury that prevents you from earning a living.
- Fail to prepare for retirement and have limited income.
- Mismanage your financial portfolio and incur losses.
- Retire and can no longer pay alimony.
- If recipient of the alimony suffers a catastrophic energy preventing them from working and requires extensive medical care.
Why You Need Legal Representation for Agreement Modifications Post Divorce
As with other divorce-related matters, you can attempt to manage this process yourself. But do you have the time, skills, knowledge of the law, and ability to present your case before a judge.
Mistakes in this process can lead to unfavorable outcomes, strained relations and financial ruin. A seasoned lawyer can make a huge difference in the outcome of your case, and provide guidance and assistance in evaluating your decision to finalize your divorce agreement.
David M. Wildstein has been crafting divorce agreements and post-divorce motions s in New Jersey for his entire career more than 40 years. He will provide step-by-step guidance and assist you in evaluating your decision to finalize the provisions in your divorce agreement. This thorough approach will help you avoid potentially catastrophic situations if life takes an unexpected turn.
Contact New Jersey Family Lawyer David M. Wildstein in Woodbridge or Red Bank to schedule a private meeting to discuss your case and explore your legal options.