Bergen County Modifications of Order Attorney
Thinking of pursuing a modification of a family court order of child custody, child support, or alimony? The Bergen County modifications of order attorneys at Arons & Solomon, P.A., can offer you sound legal advice.
Our legal team has experience with all kinds of post-divorce modifications. We help our clients get court custody orders modifying custody arrangements.
It is highly recommended that you contact a family law attorney if:
- You want more parenting time
- You need to change custody to accommodate a working schedule
- Your financial situation has changed
Courts will make modifications of orders when circumstances warrant. You need an experienced family law firm in Bergen County to prove the circumstances to the court. Give us a call to get started with a free consultation today.
How Our Bergen County Divorce Attorneys Can Help With an Order Modification
At the time of your divorce, by agreement or decision of the judge, orders were put in place governing marital issues. When circumstances change, it can become difficult to follow court orders. Fortunately, court orders can be modified.
It helps to have an experienced Bergen County divorce lawyer representing you throughout the legal process.
At Arons & Solomon, our attorneys have 150+ years of experience handling all aspects of family law disputes in Bergen County, NJ. We’re ready to put our experience and resources to work for you.
When our law firm handles your modification case, here’s what we will do for you:
- Ensure personal communication. At Arons & Solomon, you speak to an attorney when you call about your case. Our clients don’t have to repeatedly explain their issue because an attorney who knows their case picks up the phone to talk with them about it.
- Gather the necessary information. Whether your case requires updated financial information or information about the circumstances of the family, we demand full disclosure.
- Engage expert help. In cases involving finances, a certified professional accountant can be indispensable. We maintain working relationships with the experts needed to support our clients’ cases.
- Follow through with client objectives. Our family law attorneys begin each case by exploring a client’s goals and needs. Throughout the negotiation process (and, if necessary, litigation process) we stick to our client’s objectives.
- Represent you in court. Many clients wish to resolve disputes out of court. We do our best to reach acceptable settlements. But when cases cannot settle, we have what it takes to prove our client’s case before the court.
Courts favor stability in family law matters. In many cases, parties request a modification that the court denies.
Don’t waste time and money seeking a modification without the proof you need. Reach out to our Bergen County modifications of order attorneys at Arons & Solomon. We support our clients and fight to get the results they desire.
When Will Courts Will Make Modifications of Family Law Orders in NJ?
Court orders are entered based on the circumstances at the time. When circumstances change, courts may modify court orders upon request.
Courts do not modify orders without convincing legal reasons. If you are pursuing a modification, you need a family law attorney that’s familiar with the law and the circumstances that warrant a change to a court order.
Modification of Alimony (Spousal Support)
New Jersey recognizes several categories of alimony. Some of these can be modified and others cannot.
New Jersey recognizes the following categories of alimony:
- Open durational alimony
- Limited duration alimony
- Rehabilitative alimony
- Reimbursement alimony
Rehabilitative and reimbursement alimony cannot be modified or terminated for any reason. Open durational and limited duration alimony can be modified or terminated under certain circumstances.
Rehabilitative alimony supports a spouse while they acquire the necessary education or job training to reach financial stability or independence. Reimbursement alimony accounts for money owed to a spouse. These kinds of alimony are not modifiable because of their nature.
One purpose of alimony is to allow the receiving spouse to continue to live the lifestyle of the marriage. Courts determine the amount of alimony based on each party’s financial status, including their income and ability to earn income. When a party’s financial status changes significantly, alimony may need to be changed.
When a court awards limited duration alimony, a former spouse will only receive alimony for a number of years after the divorce. The length of alimony is limited to the number of years the parties were married.
In other cases, the court awards open durational alimony. Open durational alimony is ongoing.
Open durational alimony can be modified or terminated based on significant changes in life circumstances.
What Circumstances Can Prompt Modifications of Alimony in NJ?
Some circumstances that might support a modification include:
- Serious health problems
- The receiving spouse’s remarriage or cohabitation
- Unemployment for more than 90 days
- Paying spouse reaches the full retirement age
New Jersey uses the Social Security Act’s definition of the “full retirement age.” If a paying spouse seeks a modification based on their desire to retire before the full retirement age, they have a more difficult burden of proof. They have to prove a bona fide reason for retiring early and a significant change in circumstances.
Alimony is not automatically decreased in the event of unemployment. Before a court will modify an order of alimony based on unemployment, the affected spouse must be unemployed for more than 90 days.
The right to receive open durational or limited duration alimony terminates automatically when the receiving spouse remarries. A finding that the receiving spouse is cohabitating with another can also lead the court to modify, suspend, or terminate alimony.
In cases involving remarriage or cohabitation, the paying spouse has to seek a modification in the form of an order terminating support. It is not advisable to unilaterally stop paying spousal support.
If you have experienced serious health problems that affect your need or ability to pay, reach out to the family law attorneys at Arons & Solomon. We can help you get the necessary modifications to court orders to match your current circumstances.
Modification of Child Support
Financial Changes and Modifications of Child Support Obligations
After an award of child support, parental circumstances are likely to change. When financial circumstances materially change, a parent may be entitled to a change in child support.
In New Jersey, child support payments can be changed bi-annually to account for increases in the cost of living. They can also be changed as-needed when financial circumstances change.
Not all changes in financial circumstances support a change in child support. Child support obligations stay in place regardless of a parent’s employment status.
Unemployment and Child Support Modifications
When a paying parent becomes unemployed, they can ask the court to decrease the amount of child support or temporarily suspend the obligation to pay. Once the parent secures employment, the original child support order is reinstated.
Income from unemployment benefits is used to calculate child support in New Jersey. Unemployment income can be used for child support payments and can be withheld, if necessary, to satisfy child support.
Maybe your spouse obtained a modification based on unemployment, but you think they may be working again. New Jersey employers report names, addresses, and social security numbers of all new employees and contract workers to the state’s “New Hires Directory.” We can help you determine whether your spouse is working again and implement a legal strategy to reinstate the child support you are owed.
In some cases, a high-earning parent’s income may surpass the maximum income listed on New Jersey’s child support guidelines. If so, it is critical that the court is aware of the financial realities.
The court’s orders are limited to the information introduced to prove the financial circumstances of the parties. For this reason, you need an experienced family law attorney to ensure the proper discovery of all financial documentation.
Modification of Child Custody, Parenting Plans, and Parental Relocation
Divorcing couples are required to submit parenting plans in New Jersey when there are children involved. Sometimes divorced or unmarried parents need to relocate – and that can mean necessary changes for child custody orders and parenting plans, too.
In New Jersey, all custody decisions are based on the best interest of the child. This includes both original orders of child custody and modifications of orders.
When changes in circumstances impact the child or children, a parent may want to request a court-ordered custody evaluation. In a court-ordered custody evaluation, a mental health professional analyzes the family’s dynamics and current situation. The evaluator recommends a custody arrangement to the court based on the best interest of the child.
A custody evaluator may be helpful in cases involving:
- A parent who has developed a habit of drug or alcohol abuse
- A parent desires to relocate out-of-state or over 100 miles away
- A parent poses a risk of domestic violence that threatens a child
These sensitive family issues can be resolved out-of-court in many cases.
At Arons & Solomon, we guide our clients through processes like custody evaluations. We even developed custody evaluation tips based on our years of experience.
Handling Order Modifications Across Bergen County, New Jersey
Arons & Solomon is proud to offer exceptional legal representation to clients across northern New Jersey and throughout Bergen County.
We regularly aid in familial disputes in:
- Franklin Lakes
- Upper Saddle River
- Old Tappan
- Saddle River
- And other areas
Contact our law offices – conveniently located in Madison and Hackensack – to get in touch with our team. We offer a free consultation, and our attorneys would be more than happy to help you understand what legal options might be available to you at this time.
Contact a Bergen County Modifications of Order Attorney Today
We know that circumstances change. When a change in circumstances puts your court order in conflict with your best interests, don’t ignore the issue. The experienced Bergen County modifications of order attorneys at Arons & Solomon can help you work it out. Contact our firm to get started with a free consultation today.