Let a Qualified New Jersey Divorce Attorney Draft Your Post-Divorce Modifications
Even with the best of intentions and most amicable of ex-spouses, sometimes the agreements made during the divorce are no longer working. Your New Jersey divorce may have been finalized one year or one decade ago, but if you encounter problems, it is best to discuss your options with an experienced attorney and determine what changes can be made.
The great news is that you aren’t stuck forever with the conditions or requirements of your original divorce. The Superior Courts of New Jersey recognize that you may need to make changes, and our firm can help you through the process.
Some examples we commonly hear from clients:
My ex-spouse hasn’t been sending my alimony payment
She didn’t drop the kids off on-time
My ex-spouse is making more money and I shouldn’t have to pay as much
I was just offered a great job out-of-state, what does that do to my parenting time?
I lost my job and can no longer pay alimony or child support
My ex got remarried – how does that affect my child support payment?
Types of Post-Divorce Changes
The reasons are varied for why these issues arise after your divorce is final. As you can see, often the reason is due to a chance of circumstances such as new job, unemployment, illness, etc., and it does make sense that you or your ex-spouse may be in a very different place in life than you were when you originally got divorce. Life changes are normal, and while your divorce is a legally binding document, renegotiation can lead to adjustments which better reflect your current situation.
Post-judgment (meaning after your final judgment for divorce) falls into two very broad categories:
Issues of enforcement arise when, post-divorce, your spouse is not abiding by the terms of your divorce agreement. It is important to remember that your final judgment of divorce is a legally binding document and that you are well within your rights to demand that those terms be met. Examples include: failure to pay alimony or child support, not abiding by parenting time schedules, and not following plans to distribute property and divide assets. Maybe you co-owned an investment and your ex-spouse sold it out from under you without notification.
Alternatively, sometimes clients need help post-divorce with a modification, which occurs when you would like to make a change to your original divorce agreement. Maybe you want to adjust support payments based on a change of financial circumstances, or your job has changed requiring a different parenting time schedule. Often, parents divorce when children are very young and put loose language in their divorce agreement in regards to who will pay for college. Suddenly the exorbitant costs of college become a reality and there is a difference of opinion of what type of school a child should attend, how much each parent should contribute, and how financing the education will work.
Another area of post-divorce issues is when one spouse uncovers hidden property and/or assets. Unfortunately, not everyone is completely honest when going through the New Jersey divorce process hiding certain property or assets. Months — sometimes even years — later you may uncover that your spouse had assets he or she chose to hide and not disclose.
Even substantial assets can be hidden in complex schemes and remain undetected. If you discover that your ex-spouse did hide cash, investments, other financial vehicles or property during your divorce, you will need an attorney with specialized experience in this area to handle the tricky legal maneuvering to obtain what is rightfully yours.