Gloucester County Post-Judgment Modifications Lawyer Located in Woodbury, NJ
Knowledgeable Family Law Attorneys Represent Clients in Post-Judgment Motions and Modifications in Gloucester County and Throughout South Jersey
Just because your divorce has been finalized doesn’t mean that unexpected circumstances won’t arise. Certain family situations like child custody or support take on a new shape and evolve. Unpredictable events will occur and circumstances will change–that’s the very nature of a family as time goes on. After your divorce has been finalized, your unique circumstances may require that modifications or alterations be made to the settlement agreement initially agreed upon and incorporated in the Judgment of Divorce. This includes ever-important family issues such as alimony, child support, child custody, and parenting time. Collectively, these changes are referred to as post-judgment modifications.
When a child custody order is no longer appropriate due to a change in conditions, or spousal support obligations require adjustment to account for unprecedented events, you may have the right to ask the court to change the order through post-judgment modification. At Smedley Law Group, our attorneys focus solely on family law matters. We know that a final order often contains terms that make it seem like there’s no room for change. The good news? Our attorneys can guide you through the difficult process of post-judgment modification.
To learn more about our practice and how we can help, contact us to schedule a confidential consultation today.
What Are Post-Judgment Modifications?
The final judgment decreed by the court in a divorce outlines the rules for how matters are handled between the family and the now-separated couple. A divorce will always include a final agreement, which governs property and financial division between the two parties, as well as alimony, child support, and parenting time. While the agreement you entered was intended to be final, New Jersey courts have recognized that circumstances can change, which may warrant modification of the divorce agreement or court order.
The attorneys at Smedley Law Group are experienced in post-judgment modifications and will help you navigate the process so that your interests and rights are protected. Our legal team is here to help you and your family.
What Circumstances Warrant a Post-Judgment Modification?
There are various reasons to seek post-judgment modifications in New Jersey, covering many different categories of unpredictable life events. The following may lead to a post-judgment modification:
- A significant job promotion of the other spouse
- Demotion or job loss of the applying spouse, including retirement
- Changes in work schedules of one or both parents
- The other spouse living with another person as a life partner or remarrying
- Severe illness or disability
- The other spouse suffering from significant issues that affect his or her ability to parent properly, such as domestic violence, substance abuse, or mental or physical health problems
- The parties’ child going to college or becoming emancipated from his or her parents
- A parent’s wish to relocate with the parties’ child.
Some of the events or circumstances we just mentioned may result in post-judgment modifications regarding financial matters, such as alimony or child support. Other events may impact post-judgment modification of parenting issues, including child custody or parenting time.
For more information about post-judgment modifications in New Jersey, contact Smedley Law Group to schedule a confidential discussion.
Types of Post-Judgment Motions for Modifications
There are several different ways a post-judgment modification can alter a final settlement agreement after divorce. The terms can be generally modified by showing a substantial change in circumstances. It’s important to note, however, that the change in circumstance can’t be temporary; it must be permanent or reoccurring. For example, if one party experiences a loss of employment that drastically affects their living conditions, this would still not be enough for the Court to warrant a modification of a support arrangement, as a loss of employment is viewed as a temporary change. However, if that party can prove that the loss of employment isn’t temporary, if it stemmed from a sudden and permanent disability for example, then this situation would be considered substantial enough to warrant a modification.
Types of post-judgment motions for modifications include the following:
- A motion to increase or decrease child support payments
- A motion to terminate or continue child support
- A motion to increase, decrease, or terminate alimony/spousal support payments
- A motion to change the custody arrangements of a minor child
- A motion to change the visitation/parenting time arrangements in your case
- A motion to enforce litigants’ rights. (This includes but is not limited to enforcing custody, college expenses, visitation, child support, and alimony/spousal support payment orders.)
- A motion for the emancipation of a child (termination of child support obligation)
- A motion for reimbursement of medical expenses
- A motion for a change in the county where the case is heard (Change of Venue)
- A motion for removal (relocation) of children
- A motion to resume your maiden name after a divorce
- A motion for reconsideration (FM, FD, or FV cases).
- A motion to reinstate your divorce complaint
- A cross-motion responding to one of the motions listed above.
How to Get Post-Judgment Modifications In New Jersey
Post-judgment modifications can often be difficult to obtain, which is why it’s important to have an experienced family law attorney help with your post-judgment modification. Specific evidence must be provided, which isn’t necessarily intuitive, and it may be challenging to obtain judicial review if you aren’t familiar with the legal procedures.
In the process of seeking post-judgment modification, your finances and means of support for yourself and your children are all subject to review. At Smedley Law Group, our experienced lawyers will help you navigate this process and present a strong request for modification on your behalf.
Contact Smedley Law Group Today for an Initial Consultation
At Smedley Law Group, our attorneys treat you with compassion and respect. Given the challenges of a post-judgment modification, it’s important to have an experienced family law attorney guiding you through this process. We’re here to support you and your children through this important time, both on a legal level and a personal level. We’ll fight for your rights and interests. Contact Smedley Law Group for a confidential consultation.
- Locations Served in Gloucester County
- Clayton Deptford Township
- East Greenwich Elk Township
- Franklin Township Glassboro
- Greenwich Township Harrison Township
- Logan Township Mantua Township
- Monroe Township National Park
- Newfield Paulsboro
- Pitman South Harrison
- Swedesboro Washington Township
- Wenonah West Deptford
- Westville Woodbury
- Woodbury Heights Woolwich Township
Frequently Asked Questions About Post-Judgment Modifications in New Jersey
Yes. There are not only modifications after a divorce, but ones for non-married people with children as well. If you’d like to seek a post-judgment modification for child custody, parenting time, or child support and aren’t married, you’ll need to file a request to modify the Non-Dissolution “FD” Court Order previously issued to you by the court.
When a custodial parent wants to move out of New Jersey, that parent must have either the written consent of the other parent or a court order permitting the relocation. If the non-custodial parent doesn’t consent to the child’s relocation, then the custodial parent seeking the relocation must file a motion with the court seeking relocation as a relief.
Post-judgment modifications can often be complex in relocation cases. When a spouse wishes to relocate and/or remove a child/children from the state, it brings up many issues surrounding support and visitation for both spouses. Ultimately, however, the court will make determinations based on what would be in the best interest of the child or children involved.
If you have any questions about post-judgment modifications involving the relocation of a child out of state, contact Smedley Law Group to learn more.
You must tell the other party in writing when you’re requesting the motion be heard by the court. That notice must include the time and date of the scheduled motion hearing. The other party in the case or their lawyer must receive these papers at least 24 calendar days before the motion is scheduled to be heard by the court. If you’re sending your motion by mail, you must mail it at least 27 calendar days before the motion is scheduled to be heard by the court. This allows three calendar days for mailing and delivery.
The law, the proofs necessary to present your case, and the procedural rules governing cases in the Family Division are complex. We recommend that you make every effort to obtain assistance from an attorney. Contact Smedley Law Group today with any questions.