Post-Divorce Modifications and Terminations
While your divorce decree may have been sensible at the time of your divorce, it may not always reflect the realities of your post-divorce life. There is no question that your life will change dramatically in the years following your divorce. At some point, you may have to modify or terminate your divorce agreement. Informal agreements between you and your ex-spouse are not always enforceable and, in fact, can create significant problems later on. If you need to modify your divorce agreement, you need to enlist the services of experienced legal counsel.
At Shimalla, Wechsler, Lepp & D’Onofrio, LLP, our family law attorneys represent people seeking or opposing a modification or termination of post-decree orders. We also represent people who need to enforce the terms of a divorce decree. Whatever your specific needs are, we will provide strategic representation at each point in the legal representation.
New Jersey family courts allow for modification of existing family law support and custody orders, but you must demonstrate that at least one party has had a significant change of circumstances. If you are the person seeking the modification, the burden of proof will be on you. If you have experienced a permanent and substantial change in circumstances from the time your support order was entered, you may be eligible for a modification of your current spousal support and/or child support order. Our lawyers will discuss your situation and help you determine whether a modification of support is warranted. If so, we will be prepared to present a strong case on your behalf.
One of the most sensitive matters involving post-divorce modification is when one parent wants to relocate with the children. If you want to move or oppose a move, our lawyers are prepared to protect your interests.
You may be entitled to terminate your child support or spousal support obligations in certain instances. One of the most common situations involving the termination of spousal support is remarriage. Other situations include when the payor spouse reaches an age where he or she is retired and is eligible to receive full Social Security benefits. The cohabitation of a person receiving spousal support may lead to the termination or suspension of spousal support as well. We will examine your circumstances and advise you about your options.
In some situations, people find themselves unable to meet their court obligations due to circumstances such as injury, job loss, or extraordinary health care needs. If you are having trouble meeting the obligations under your court order, it is important to consult with an experienced attorney without delay. We may be able to help you avoid mounting arrearages and to modify your existing support obligation.
Contact Shimalla, Wechsler, Lepp & D’Onofrio, LLP
Call 908-922-4238 or contact us online to schedule an appointment with one of our family lawyers in Warren Township, New Jersey.