Post-Judgement Modification
Changing a Divorce Settlement
All orders of the court must be followed by both parties involved. However, when there has been a significant change in your life, the life of your former spouse, or the life of your child, the court orders should reflect that change. This is what post-judgement modification can accomplish.
A modification of court orders can affect a variety of areas in a divorce settlement plan, including:
- Increase or decrease in support obligation
- Life insurance
- Medical expenses, unpaid medical expenses
- College education
- Change in custody
- Increased or decreased parenting time
Which Judgments Can Be Modified?
Parenting Time
If a spouse relocates or faces changes in their availability, this can affect their current parenting time arrangement. Changes can be sought to address scheduling conflicts and other circumstances.
Child Custody
Relocation outside of New Jersey or the safety of a child may be grounds to change a child custody agreement. The modified judgement will always consider the best interests of the child.
Child Support Payments
Job loss, medical emergencies, and other hardships can make it difficult to make child support payments. It's possible to seek a reduction in child support that accounts for these factors.
Spousal Support Payments
If a former spouse gets married again, you may not need to continue paying alimony. A new judgement may reduce or eliminate the initial court order regarding spousal support payments.
What About Division of Property?
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The division of assets and debts is rarely modified after a divorce. The state of New Jersey will only consider modification of property division in extraordinary situations, such as cases in which a spouse hid assets or the judge made a major calculation error.
Have Your Circumstances Changed? Contact a Family Law Attorney
If changes in your financial situation have made it difficult to maintain your alimony or child support obligations, you are not alone. Mr. Goldblatt understands how these hardships can affect your life. By seeking a modification, he can help you achieve a fairer arrangement that allows you to meet your obligations and provide for your family.
With offices in East Brunswick, Freehold, and Wall, Mr. Goldblatt can assist clients throughout the state of New Jersey. To speak with a trusted family law attorney about post-judgement actions, contact our law firm online. You can also schedule a legal consultation by phone.
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(732) 238-8700
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I felt very welcomed in the office by Rachel on the staff (who is so down to earth) and Mr. Glodblatt. I just want to say that you are the best lawyer I have ever hired. I thank you for your help, determination, courage, analytical skills, and hard work. I would recommend your firm to anyone in need of a sound lawyer.
View On GoogleVery professional, attentive, and understands the process very well. Mr. Goldblatt is a terrific advocate and will give you an honest assessment of your particular situation. His assistant, Rachel, was terrific in ensuring that all documentation was handled promptly and accordingly. Highly recommend Mr. Goldblatt!
View On GoogleWhen Can I Seek Modification?
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There is no set timeframe or time limit on post-judgement modifications. What matters are your circumstances and the reasons for seeking a post-judgement change. Some people seek modifications months after their divorce, while others will require modification years later.
Potential Post-Judgment Disputes
Enforcement Hearings
In some cases, a party may not be adhering to court orders even though there has been no significant financial or geographical change in their life. We can help you take action for the enforcement of an order when it comes to supporting obligations, rights regarding parenting time, or any other issue. We also defend those accused of noncompliance with a court order.
Relocations
If a parent threatens to leave the state of New Jersey, this will affect the other parent’s ability to maintain a relationship with the children. Whether you would like to file a removal application or you want to prevent the removal of your children, we can help you understand the relocation process. We can also provide insight on how it may affect the modification of court orders.
College Education
Divorced parents frequently litigate over the responsibility for their child's college education. Determining the appropriate allocation of college costs between the parents can be contentious and may impact a parent's current child support obligation.
Giving Your Children a Voice
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As kids grow older, they develop more preferences about the way they want to be raised. It is important to make sure their voices are heard. We will make sure your children are listened to when determining modifications to an existing child custody, parenting time, and support plan. We will help protect your child's best interests as well as your parental rights.
Mediation for Post-Judgment Modifications
The Purpose of Mediation
Rather than issuing a judgment during a plenary hearing, the court may recommend that the former spouses work out the proposed changes to the divorce order through mediation. This avoids a drawn out trial that uses the court's resources. Mediation also gives spouses an opportunity to reach a mutually beneficial agreement on their own.
Why You Need Jeffrey W. Goldblatt
Changes to child support and alimony can be contentious. One side may want the current divorce order to remain regardless of financial realities and changing circumstances.
It's important to have a skilled family law attorney like Mr. Goldblatt on your side. A qualified mediator and proven litigator, Mr. Goldblatt has more than 35 years of legal experience. Direct yet compassionate, he will be a strong advocate for you and for your children's best interests. He and his team will answer your questions and provide realistic expectations about the entire process.
"Jeff was the best attorney I could have asked for.
The night I was served, I was calling around to multiple attorneys. He called me back that night. He helped me get through my divorce with ease. Highly recommend to anyone." Daniel Fitzgerald - 5 Star Review