Post Judgment Enforcement Modification
For many people in Hackensack, the issues involved with resolving a divorce do not end when the decree is handed down. Although the decree may clearly address critical issues like equitable distribution, child support, child custody and spousal support, some of these issues may need to be changed over time based on extenuating circumstances in the family. This leads to post-judgment modification or an enforcement of an existing divorce agreement.
In many cases, it is necessary to change or modify the time sharing or child custody agreement that the parties agreed to at the time of their divorce or what was listed on their original orders. Changes in employment, changes in the children, relocation, and remarriage are some of the most common reasons you may seek assistance with this. When you believe that situations have changed enough to warrant updating the orders, you can do so with the help of your Bergen County divorce lawyer. Someone who is already familiar with your case can help you identify your next steps.
Modification or termination of support maybe brought by a party who has been paying child support. In many cases, alimony obligations are assessed to help a spouse receiving the payments to get back on his or her feet. But once they have obtained the necessary training or education, these awards maybe modified. Enforcement of the divorce agreement is another issue that often comes up as it relates to post modification issues.
One party may not comply with the terms of a court order or settlement agreement such as by failing to pay child support, transferring assets as ordered, equitable distribution payments or non-payment of alimony. Enforcing the divorce agreement requires an experienced Hackensack divorce modification and enforcement attorney.
One of the last reasons that someone may wish to modify an existing order has to do with child support. If the parent paying child support, for example, has lost his or her job and is no longer financially able to keep up with the payments, or if there are extenuating new medical conditions that require more child support, either party can come forward with the modification of child support with the help of a knowledgeable lawyer.
Need Help With a Post-Judgment Divorce Matter?
If your former spouse is not following your divorce agreement or your circumstances have changed since your divorce, you may need to seek enforcement or modification of an existing court order. Erlina Perez Law Firm can review your situation and explain the legal options available to you.
Call (201) 880-7070 to schedule a case consultation.
Frequently Asked Questions About Post Judgment Enforcement Modification
Can a divorce order be modified after the divorce is final?
In some circumstances, yes. Certain provisions of a divorce judgment may be modified when there has been a significant change in circumstances. Whether modification is available depends on the specific order and the facts of the case.
What can be modified after a divorce in New Jersey?
Depending on the circumstances, a party may seek modification of matters such as child support, custody, parenting time, or spousal support. The requirements for modification vary depending on the type of order involved.
What if my former spouse is not following our divorce agreement?
If a former spouse is not complying with a court order or settlement agreement, you may be able to seek enforcement through the court. Examples can include unpaid support, failure to make required payments, or failure to comply with property or parenting provisions.
What is the difference between enforcement and modification?
Enforcement generally involves asking the court to require compliance with an existing order or agreement. Modification involves asking the court to change an existing order because circumstances have changed.
Can child support be modified after a divorce?
Child support may be subject to modification when circumstances affecting the child or the parents’ financial situation change. The specific requirements depend on the circumstances and applicable New Jersey law.
Can custody or parenting time be changed after a divorce?
A parent may be able to request a change to custody or parenting time when circumstances have changed and a modification is appropriate. Issues such as a child’s changing needs, relocation, or significant changes in the parents’ circumstances may be relevant.
Can unpaid alimony be enforced after a divorce?
If a party fails to make required alimony payments under an existing order or agreement, the recipient may be able to seek enforcement. The appropriate legal process depends on the terms of the order and the circumstances of the nonpayment.
Do I need a lawyer to modify or enforce a divorce order?
You are not necessarily required to have an attorney, but post-judgment matters can involve court filings, evidence, and specific legal requirements. A divorce lawyer can review the existing order and help determine whether enforcement or modification may be appropriate.
