Freehold New Jersey Family Law Attorneys Provide Representation In Post-Decree Modifications
After a family court case has been concluded, many parties assume that they will not have to go back to court for any more hearings or trials. Although many parties are able to work together under the current family court order in their cases, others need modifications based upon a substantial change in circumstances. Since these changes are sought after an order has been entered in a case, they are called post-decree modifications. At Lomurro Law our family law attorneys are skilled in showing substantial changes in circumstances to demonstrate the need for an updated decree. These changes most commonly impact:
- Child support
- Child custody
- Visitation schedules
In a single case, all of these factors may be addressed, or only one may be impacted by changes in circumstances.
What Changes May Be Made To A Family Court Order In New Jersey?
In most cases, the parties seek modifications to custody or visitation arrangements – that is, something that involves the children. In a family court case, issues involving the children are never permanent. The best interests of the children will always be the top priority in any case, and, of course, what is in the best interests of the children may change over time
For example, perhaps the children will be attending a new school that has a different holiday schedule from their previous school. The visitation schedule may need to be modified to reflect these changes.
Similarly, one parent may take a new job that requires that parent to work different shifts. The custody and visitation schedule in place may no longer be possible. Therefore, a modification would become necessary. If a parent has safety concerns about the wellbeing of the children, a change in visitation or custody may become necessary as well. If a parent is arrested and has to spend a significant amount of time in prison, for example, a modification would certainly be needed.
If a parent’s financial situation changes, a modification of the current child support order may also be necessary. If a parent’s income either increases or decreases, a petition may be filed to update the child support amount. Additionally, in most cases, child support may be terminated when a child turns 18 and is no longer in school. The parent paying child support may seek a modification to terminate support at this point.
Note that as of February 1, 2017, New Jersey law provides that 19 will be the age that child support ends. In some cases, it may continue until a child is 23 years old.
Child support, child custody, and visitation are not the only modifications that may be sought. If alimony has been ordered in a divorce decree, the parties may seek a modification under certain circumstances. If a spouse is unemployed for three months, he or she may seek a modification of an alimony order. In addition, when a spouse retires, that spouse may seek a termination of alimony. New Jersey law allows alimony to be terminated under these circumstances if the paying spouse is 67 years old. In some cases, if the spouse receiving alimony moves in with a new partner, alimony may be terminated.
Protect Your Interests With A Freehold New Jersey Post-Decree Modifications Lawyer
If you feel that your family court order needs to be modified in some way, contact the attorneys at Lomurro Law. Our New Jersey divorce attorneys have achieved numerous types of modifications on behalf of our clients. To schedule a consultation, call 732-482-9285 or contact us online.