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Somerset County Divorce Modifications Lawyers

Need to Make Changes to Your Divorce Agreement?

Judge modifying court orderSometimes circumstances substantially change after a divorce and parties need to revisit and modify the terms of their original agreement. For instance, you may need to modify an existing custody or support order because of a job loss. You might need an attorney to defend against a requested modification. Or, you may require a lawyer to enforce an existing court order. Located in Somerville, New Jersey, the divorce modification lawyers at Lane & Lane, LLC are experienced in modification matters related to custody, parenting time, relocation, support, and related family law issues.

Contact Lane & Lane, LLC to protect your rights in a modification or enforcement case. We serve Central New Jersey, including Somerset County, Morris County, Union County, Middlesex County, and Essex County.

Can You Modify a Parenting Plan Without Going to Court?

It is possible to modify a parenting plan without going to court. Many situations arise that make it difficult or impossible for the original parenting plan to be carried out exactly as written, and in these cases a modification is the best option.

A modification can be achieved by both parents agreeing on the changes and amending the written agreement, or through mediation with a neutral third-party professional facilitating negotiations between both parents.

It is important to remember, however, that once a parenting plan has been modified any subsequent amendment must also abide by this new version - so it's best to find an arrangement that all parties involved are able to agree upon and work together over a period of time.

Modification & Enforcement of Custody

Modification may be necessary if there is a change in circumstances such as an illness, relocation, job loss, or other factors that may impact the current custody or support arrangement. Child custody modification may include an adjustment to parental rights and duties or parenting time schedule. The change in circumstances may make the existing order impractical or impossible. A change in circumstances may include relocation, change in job, or the child’s schedule.

Changes to an existing custody or support arrangement often arise when one or more of the following factors exist:

  • A child’s desire to reside with a different parent depending upon the child’s age
  • Abuse or neglect
  • Changes in income because of job loss, illness, or serious injury
  • Parenting time
  • One parent is moving out of the state or country

Modifying Your Child Support Order

In New Jersey, the Court may grant a post-divorce modification of a child support order if a parent experiences a substantial change in circumstances. The changes must be permanent. If the paying parent quit his or her job to reduce or eliminate child support payments, a judge will likely not grant this modification since the job loss was planned.

Below are some of the factors a judge will examine when considering a modification of the child support order:

  • The child’s needs
  • Each parent’s economic circumstances and standard of living
  • The debts and liabilities of each parent
  • Each parent’s sources of income
  • Each parent’s earning ability
  • The age and health of the parents and the child
  • If either parent is responsible for the support of other people
  • Any other factors a judge deems relevant

Modifying Your Spousal Support Order

If your former spouse remarries, your spousal support order will automatically terminate. Additionally, in New Jersey, you can modify your spousal support order if you experienced a substantial change in circumstances.

Below are some of the circumstances in which a judge might modify your spousal support order:

  • A change in cost of living
  • Illness or disability
  • Retirement
  • Loss of employment or reduced income
  • Substantial inheritance
  • The receiving party enters a marriage-like relationship and cohabitates with the individual

It’s important to act quickly when circumstances necessitate a change to your divorce agreement. You will need to prove to the court that a modification is appropriate, and that will be harder to do the longer you sit on the issue. Our experienced divorce modification lawyers in Somerset County can help you efficiently resolve this matter.

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