The final divorce order signed by the judge is not a permanent one. As time goes by and your circumstances change, the divorce decree may need to be revisited and modified by your family lawyer in accordance with the laws of the state in which the divorce was filed. In order to grant a modification under New Jersey law, the court requires a substantial change in family circumstances. The following is an overview of the types of substantial changes that might support a post-divorce modification to a New Jersey divorce decree:
Parent Moves Away
If a parent moves out of the state for a new job or other reasons, this may require a change in custody or visitation. If no court has ever entered an order for custody or visitation, the general rule is that a court in the state where the child (and one parent or caregiver) has lived for the last six months is the state court that should resolve the case. If a custody or visitation order is violated by one of the parties, it may be enforced by any state where at least one of the parents resides.
Child Moves Out of State
If a custodial parent plans to move out of state with the child, or if an older child requests to live with a different parent in another state, this may require a change in custody and visitation agreements.
Should a parent lose a job, be sent to prison, or get a job at a substantially higher rate of pay, the court may require a change in child support payments.
Child Needs Additional Care
A child who is injured in an accident or who contracts an illness that requires expensive medical treatment may justify an increase in child support.
If you live in New Jersey or New York and have questions about how to modify your divorce order, call The Law Firm of Walter K. Schreyer at (888) 511-2837 for a free initial consultation. With more than 35 years of experience in the practice of family law, we will help you through this potentially difficult process.
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