Many people believe that a final judgment in a divorce settles all issues of property division, child custody, and spousal support forever. However, a change in circumstances could require a post-judgment modification order. If you need such a modification, you’ll want an experienced Bergen County family law attorney to handle your case.
Since 1994, the award-winning family law attorneys of Arons & Solomon Divorce Lawyers have been providing sound, practical legal advice to individuals and families throughout New Jersey. Our attorneys have over 150 years of combined legal experience. They are skilled in all aspects of family law, including mediation, negotiation, arbitration, and litigation.
Discover the difference our legal team in Bergen County, NJ, can make in your case. Call(201) 487-1199 or contact our law office to schedule a free consultation with an experienced Bergen County judgment modification lawyer.
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How Can Our Bergen County Family Law Attorneys Help You With Your Case?
No one desires to go back to family court to modify an original order in their case. However, there could be terms in a court order that are no longer applicable or feasible for your situation. When this happens, the only option is to petition the court for a judgment modification.
Having an experienced Bergen County family lawyer by your side makes the process less stressful and increases the chance of obtaining the outcome you desire.
When you hire Arons & Solomon Divorce Lawyers, you can expect our legal team to:
- Explain your legal rights and assist you in making tough decisions that impact your and your children’s future
- Gather evidence that supports your allegations, claims, and demands
- Retain experts for consultation and testimony when necessary
- Attempt to achieve an amicable resolution to your case through negotiation and alternative dispute resolution
- Aggressively advocate for your best interests throughout the case, including arguing your case in court
We are here to help you when you need advice related to family law matters in Bergen County, New Jersey. We encourage you to schedule an appointment with one of our Bergen County judgment modification lawyers to discuss your case. Your first visit is free, and you are under no obligation to retain our law firm after your free consultation.
Court Orders Are Based on Current Circumstances
If the parties agree on divorce terms, the judge may adopt a settlement order into their final decision. Otherwise, judges issue rulings based on the evidence presented by the parties and the current circumstances. They do not make decisions on what could happen in the future.
However, life is fluid, and circumstances often change. When that happens, filing a motion for a judgment modification is the only way to change the terms of a court order or divorce judgment.
The types of matters that might be the subject of a motion for judgment modification include, but are not limited to:
- Child support order
- Modification of child custody
- Spousal support orders and alimony decisions
- Orders related to property divisions
- Parenting plans
- Divorce judgments
- Pet custody agreements
Matters related to child custody and support payments are the most common types of judgment modifications.
When Does a Court Grant a Judgment Modification in NJ?
The judge is not likely to change the original terms of an order without a good reason. Therefore, the court requires the petitioning party to prove a substantial change in circumstances to warrant a judgment modification.
Some situations that could justify a modification of judgment include:
- A party develops a serious health condition or is seriously injured that affects their ability to pay child support or spousal support
- The party has been unemployed for more than 90 days
- One of the parties has a substantial increase in income or resources
- A parent is relocating more than 100 miles from their current location
- One of the parties reaches retirement age, gets married, or has additional children
- A parent develops a substance abuse problem
- There is evidence of child abuse or domestic violence
- Problems with scheduled visitation
- The child’s needs have changed since the original order was issued
- A child becomes emancipated
Post-decree judgment modifications are not easy to obtain. As the petitioning party, you have the burden of proving the circumstances warrant a modification. Only a substantial, material change in your life, your child’s life, or your ex-partner’s life will warrant a judgment modification.
Furthermore, temporary changes do not usually warrant a judgment modification. However, the court may grant temporary relief if the situation warrants court intervention.
Schedule a Free Consultation With Our Bergen County Divorce Lawyers
If you are concerned that you cannot comply with your court order due to current circumstances, contact our law firm to discuss the process for modification of orders. We will explain your options and discuss the likelihood of success given the facts of your case. Call now to schedule your free consultation with a family lawyer in Bergen County, New Jersey.