In a perfect world, once your divorce became final, that would be the last time that you had to think about the various issues that had been resolved in the divorce decree. Unfortunately, there are situations in which a Final Judgment of Divorce must be revisited. The need for postjudgment modification of a Final Judgment of Divorce is often brought about by some sort of substantial and lasting change in the circumstances of one or both of the parties, which renders the original terms of the custody, child support, or alimony portion of the Final Judgment of Divorce unworkable or unsustainable. In addition to a change in circumstance, there also is the possibility that one of the parties has failed to comply with the Final Judgment of Divorce. In that case, a postjudgment action for sanctions may be necessary.
Some portions of a divorce decree require ongoing action on the part of the parties in order to remain in compliance with the order of the court, such as the parenting schedule and child support payments. Unfortunately, agreements or orders about how those things will be handled can become unworkable due to changes in residence, job loss, health issues, or other factors. In order for a court to modify custody, child support, or alimony, the changes upon which the request for modification is based must be substantial. For example, temporary job loss would not warrant a modification in child support payments, but prolonged lack of employment despite a party’s best efforts to find a job would likely warrant a modification. If you feel as though you may need a modification, your attorney can assess the likelihood that you could obtain one in light of the particular changes that you have experienced.
If your former spouse is not complying with one or more of the terms contained in your Final Judgment of Divorce, you may be able to file an application asking the court to find them in violation of litigants rights. If the court finds that the party has failed to comply with the terms of the Final Judgment of Divorce, the non-compliant spouse may have to pay sanctions or even attorney’s fees.
The Bronzino Law Firm: Providing Postjudgment Support When You Need it Most
If you find yourself in a situation where you need to modify custody, child support, or alimony, it is best to do so with the aid of a seasoned New Jersey Family Law Attorney. Likewise, if you are considering pursuing contempt proceedings against your former spouse, The Bronzino Law Firm is here to help you. Our office is located in Brick, New Jersey and we serve clients in Ocean County, Monmouth County, and the surrounding areas. To learn more about your legal options, please contact us for a free initial consultation. You may call us toll free at (732) 812-3102. We look forward to hearing from you.