Tanya L. Freeman

Modifications: As your circumstances change, we help you reevaluate your needs

By Tanya L. Freeman, Attorney at Law

You have a right to modify your divorce judgment when you or your ex-spouse’s
circumstances change significantly. What’s fair and reasonable can shift as life evolves.

Child custody agreements that were fair at the time of divorce may not be in the best
interest of the child today.

Reasonable alimony payments may seem like too little or too much depending on circumstances like job loss, remarriage, and disability.

We at Tanya L. Freeman, Attorney at Law. can review your case and advocate for your current needs regarding spousal support, child support, and child custody agreements, among other aspects of the divorce judgment.

Circumstances that often justify modifications include:

  • Loss of employment by the alimony paying spouse

  • Cohabitation or remarriage of the alimony receiving spouse

  • Temporary or permanent disability

  • Rising cost of living

  • Risk of danger to children

Requests for modifications can be made at any time. Reach out to us for a consultation
so we can guide you through your many options as you navigate a life transition. You
deserve to feel supported at every stage of life.

Circumstances change. It leads to the divorce of many people, and some people use it as an excuse to renegotiate the conditions of their divorce. Unfortunately, some legal grounds exist for changing some aspects of a divorce judgment in New Jersey. As a result, it is imperative to begin the divorce process as soon as possible.

Tanya L. Freeman, Attorney At Law, is a family law attorney located in New Jersey. Our law firm has a history of legal representation in New Jersey. For example, let’s say you’re considering divorce or need to learn more about modifying the terms of your divorce. In that case, you can contact us today to request a confidential initial case evaluation.

Get the Best Legal Advice for Modifications

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What Aspects of a Divorce are Eligible for a Modification Decree in New Jersey?

After the court issues a family law order, you can request a modification at any time. It is done by submitting a motion, a type of application, to the court. However, before you can ask the court for a modification, you must first demonstrate to the judge that there has been a change in the situation that calls for changing the previous order.

The modification could be related to numerous significant difficulties. For instance, alimony or spousal support may be terminated or modified, and child custody and child support may be increased or decreased.

Child Custody

A request for modification of custody is made to the court to alter the conditions of an existing custody arrangement. The courts in New Jersey offer a variety of options for pursuing this. In New Jersey, getting the approval of both parents is the quickest and most straightforward way to change a custody arrangement. Even though this is much easier said than done, some courts provide mediation services for parents attempting to resolve custody disputes. In addition, if the parents prefer to settle their differences out of court, numerous private mediation options are available. Finally, if both parents agree to the changes in custody, the court needs to sign the agreement to make it official.

Unfortunately, child custody is a complex and highly emotional subject for the parents involved. It can take time to reach a consensus. When this occurs, legal processes for modification are required. Your attorney will submit a motion for a custody modification, and there will generally be two hearings. Depending on the situation, the judge can decide to order mediation during the initial hearing. If the parents haven’t requested mediation, a court might be more inclined to do so. After considering the testimony and evidence of both sides, the court will decide at the second hearing if mediation is unsuccessful or not required. The court will always decide on child custody based on what the evidence indicates is in the child’s “best interest.” Contrary to other family law cases, the judge presiding over the case will determine what is best for the child based on the facts and evidence rather than imposing a specific burden of proof. Because of this, it is crucial to speak with a lawyer before attempting to change a custody agreement to determine the likelihood of success and discuss your legal options.

Child Support

Since your divorce was finalized or after you split from your child’s other parent, it’s possible that significant financial changes have occurred for you and your ex-spouse and that these changes render the terms of your current child support agreement unfair. You can get a post-divorce child support adjustment if you show these changes. In addition, when circumstances change, New Jersey also authorizes adjustments to child support orders when the parents are not married. To file your modification motion and represent you in court, you must hire Tanya L. Freeman, Attorney At Law, a competent child support modification attorney.

You can collaborate to set up an amended child support payment agreement if you and your ex-spouse (or you and the other parent) concur that revisions to child support are necessary. Unfortunately, this scenario is unlikely because neither party may want to make additional financial contributions, and the dependent party may not want these funds taken away.

Alimony Modifications

The term “spousal support” also applies to alimony. If the receiving spouse was financially dependent on the paying spouse throughout the marriage, it is money that one ex-spouse regularly sends to the other. If a former spouse’s financial status drastically changes, the court in New Jersey may modify the alimony upon motion.

Tanya L. Freeman, Attorney At Law, can assist people in New Jersey with this procedure. In addition, an alimony modification lawyer can assist you in making a request for the modification or termination of alimony or in opposing a request made by a former spouse.

After a divorce, it’s typical for ex-spouses to undergo significant changes in their lifestyle or line of work. For example, a spouse who pays alimony may eventually lose their employment. The spouse who receives alimony could also obtain a raise or get remarried. Other occurrences that qualify as substantial changes include sickness, temporary or permanent disability, home loss, cohabitation, employment, or a rising cost of living.

You can ask your lawyer to submit a motion for alimony modification or termination if you experience drastic changes, referred to as a “substantial change in circumstances.” The needs of the ex-spouse receiving alimony, their capacity to meet those needs, and the ability of the ex-spouse paying alimony to preserve the ex-spouse’s married lifestyle are the primary considerations for the court. Any modifications to the situation that serves as the basis for the motion must be continuous and significant. If the change is minor and temporary from an economic standpoint, the court will not change the support. Even if the new romantic interest is exceptionally wealthy, if your ex-spouse dates someone for six months, this is probably not a good reason to request a modification of alimony. However, if the ex-spouse has a serious relationship with a wealthy person and has lived with them for a while, this could be a basis for modification.

A considerable increase in the recipient spouse’s income is a frequent argument for alimony modification. However, the judge is unlikely to lower payments if the ex-spouse receiving alimony continues to live below the marital standard of living despite a slight increase in income.

Professional Family Law Attorney

If you wish to have the terms of your final divorce settlement for alimony, child support, or child custody reviewed by a court due to changes in your life circumstances, contact a skilled family law attorney to advocate on your behalf today. Get legal counsel from a lawyer before attempting to alter your divorce, even if you believe you have a good cause for doing so. Having an experienced attorney to analyze your claim will save time and money because you shouldn’t modify a divorce judgment lightly.

We at Tanya L. Freeman, Attorney At Law, can assist you with modifying orders. If we agree with your request to change the divorce’s conditions, we will work with you to accomplish your goal. Contact us today to schedule a free consultation!

To Schedule An Appointment,
Contact Tanya L. Freeman, Attorney,
At (973) 939-0100

Tanya L. Freeman, Attorney at Law
100 Eagle Rock Avenue, Suite 105
East Hanover, New Jersey 07936
(973) 939-0100