Modifying Custody and Support Orders Post-Divorce
After you finalize the often-arduous divorce process, you might think that all the decisions you made are set in stone. However, your life circumstances can change in countless ways, and many of them can require you to modify custody and support orders post-divorce. But that process requires careful legal navigation and an understanding of New Jersey’s family law system—so let the Monmouth County divorce lawyers at Sanvenero & Cittadino Attorneys at Law tell you what you need to know.
When Can You Modify Custody Orders?
New Jersey courts do not make changes to custody orders lightly. Therefore, you must demonstrate a significant enough change in your life circumstances to justify an adjustment. Perhaps your work schedule has changed, your ex-spouse has relocated, or your child’s needs or preferences have evolved past the order. So, if you believe your current custody order no longer reflects the best interests of your child, you can request a motion to modify custody—but you need to present evidence to justify any requested changes.
How Do You Modify Support Orders?
The courts often look at your financial circumstances when determining child support and spousal support orders. If you experience a substantial change in income—an unexpected job loss, a medical emergency, or an increase in your ex-spouse’s earnings, for instance—you may qualify for a support modification. When it comes time for you to file an application with the court to modify the order because of a change in your financial state, you will need to provide documentation to back your claims. For example, if you lost your job, you may need to submit proof of your unemployment and efforts to find new employment.
What Factors Influence Post-Divorce Modifications?
In custody cases, the court primarily evaluates how the proposed changes will impact the child’s stability and well-being, as well as the significance of your life changes. Those circumstances need to demonstrably affect your ability to meet the financial obligations outlined in the original order. To this end, temporary changes like a short-term illness may not meet the threshold for a modification.
Why Should You Work with a Lawyer?
Modifying custody or support orders involves more than filing paperwork. You need to build a compelling case that addresses both the legal standards that the process requires and your unique circumstances that warrant the change. To complicate matters, your ex-spouse may contest your request, which can kick off a complicated series of hearings.