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Can you modify your divorce settlement?

On Behalf of | Sep 17, 2021 | Family Law

When you finalize your divorce, you have a settlement agreement that outlines various essential details, such as custody, child support, spousal support and marital property division.

Sometimes, events occur in subsequent years that require a modification of your arrangement.

What situations warrant a post-judgment modification in New Jersey?

New Jersey courts recognize certain situations that may necessitate a post-judgment modification.

  • When your ex-spouse remarries, they may no longer require spousal support payments.
  • If you or your ex has a significant change in income, either positive or negative, you may need to modify your child support or spousal support agreements to reflect the change.
  • When your child has a schedule change due to school or extra-curricular activities, you may need to modify the child custody arrangement.
  • When your child enters college, you may need to make a modification that addresses financial responsibility for tuition payments.
  • If your child experiences abuse, substances, violence or other concerns at one parent’s house, a judge may grant a custody modification to ensure safety.

What requirements do you have to meet to qualify for a post-judgment modification?

New Jersey courts have various requirements you must meet to obtain a modification to your original divorce settlement. If you already outlined a plan for the life event in question, you may not be able to amend it. You need to prove this is an unexpected and previously unaddressed concern not present in your current settlement.

The circumstance you are addressing must also be significant enough to warrant a change. It cannot be a temporary situation. A judge is unlikely to make adjustments to your agreement for something that is not a permanent shift.

Obtaining a post-judgment modification requires adequate documentation, knowledge of the current laws and proof of the circumstance necessitating the desired change.

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