Last Updated on: 5th April 2023, 07:14 pm

Need Help with Modifications of Order in Bergen County, NJ?

If you’re looking for a family law attorney to help with modifications of orders related to child custody, child support, or alimony in Bergen County, NJ, the Spodek Law Group can provide you with the legal support you need. As an experienced law firm in New Jersey, we have a team of dedicated attorneys who can offer you sound legal advice and representation.

When to Contact a Family Law Attorney?

It is highly recommended that you contact a family law attorney if you want more parenting time, needs to change custody to accommodate a working schedule, or your financial situation has changed. Courts will make modifications of orders when circumstances warrant. You need an experienced family law firm in Bergen County to prove the circumstances to the court.

How Our Bergen County Divorce Attorneys Can Help with an Order Modification

At the time of your divorce, by agreement or decision of the judge, orders were put in place governing marital issues. When circumstances change, it can become difficult to follow court orders. Fortunately, court orders can be modified.

Our attorneys have 150+ years of experience handling all aspects of family law disputes in Bergen County, NJ. We’re ready to put our experience and resources to work for you. We will ensure personal communication, gather the necessary information, engage expert help, follow through with client objectives, and represent you in court. Courts favor stability in family law matters. In many cases, parties request a modification that the court denies.

Don’t waste time and money seeking a modification without the proof you need. Reach out to our Bergen County modifications of order attorneys at Spodek Law Group. We support our clients and fight to get the results they desire.

When Will Courts Will Make Modifications of Family Law Orders in NJ?

Court orders are entered based on the circumstances at the time. When circumstances change, courts may modify court orders upon request. Courts do not modify orders without convincing legal reasons. If you are pursuing a modification, you need a family law attorney that’s familiar with the law and the circumstances that warrant a change to a court order.

Modification of Alimony (Spousal Support)

New Jersey recognizes several categories of alimony, including open durational alimony, limited duration alimony, rehabilitative alimony, and reimbursement alimony. Rehabilitative and reimbursement alimony cannot be modified or terminated for any reason. Open durational and limited duration alimony can be modified or terminated under certain circumstances.

Rehabilitative alimony supports a spouse while they acquire the necessary education or job training to reach financial stability or independence. Reimbursement alimony accounts for money owed to a spouse. These kinds of alimony are not modifiable because of their nature.

One purpose of alimony is to allow the receiving spouse to continue to live the lifestyle of the marriage. Courts determine the amount of alimony based on each party’s financial status, including their income and ability to earn income. When a party’s financial status changes significantly, alimony may need to be changed.

In other cases, the court awards open durational alimony. Open durational alimony is ongoing. Open durational alimony can be modified or terminated based on significant changes in life circumstances.

Some circumstances that might support a modification of alimony include serious health problems, the receiving spouse’s remarriage or cohabitation, unemployment for more than 90 days, or the paying spouse reaching the full retirement age. New Jersey uses the Social Security Act’s definition of the “full retirement age.” If a paying spouse seeks a modification based on their desire to retire before the full retirement age, they have a more difficult burden of proof. They have to prove a bona fide reason for retiring early and a significant change in circumstances.

Alimony is not automatically decreased in the event of unemployment. Before a court will modify an order of alimony based on unemployment, the affected spouse must be unemployed for more than 90 days. The right to receive open durational or limited-duration alimony terminates automatically when the receiving spouse remarries. A finding that the receiving spouse is cohabitating with another can also lead the court to modify, suspend, or terminate alimony.

In cases involving remarriage or cohabitation, the paying spouse has to seek a modification in the form of an order terminating support. It is not advisable to unilaterally stop paying spousal support.

If you have experienced serious health problems that affect your need or ability to pay, reach out to the Spodek Law Group’s family law attorneys. We can help you get the necessary modifications to court orders to match your current circumstances.

Modification of Child Support

New Jersey uses child support guidelines to calculate child support. The formula used to calculate child support depends on each parent’s income at the time the child support is determined.

After an award of child support, parental circumstances are likely to change. When financial circumstances materially change, a parent may be entitled to a change in child support. Child support payments can be changed bi-annually to account for increases in the cost of living. They can also be changed as needed when financial circumstances change.

Not all changes in financial circumstances support a change in child support. Child support obligations stay in place regardless of a parent’s employment status.

When a paying parent becomes unemployed, they can ask the court to decrease the amount of child support or temporarily suspend the obligation to pay. Once the parent secures employment, the original child support order is reinstated.

Income from unemployment benefits is used to calculate child support in New Jersey. Unemployment income can be used for child support payments and can be withheld, if necessary, to satisfy child support.

If your spouse obtained a modification based on unemployment, but you think they may be working again, we can help you determine whether your spouse is working again and implement a legal strategy to reinstate the child support you are owed.

In some cases, a high-earning parent’s income may surpass the maximum income listed on New Jersey’s child support guidelines. If so, it is critical that the court is aware of the financial realities. The court’s orders are limited to the information introduced to prove the financial circumstances of the parties. For this reason, you need an experienced family law attorney to ensure the proper discovery of all financial documentation.

Modification of Child Custody, Parenting Plans, and Parental Relocation

Divorcing couples are required to submit parenting plans in New Jersey when there are children involved. Sometimes divorced or unmarried parents need to relocate – and that can mean necessary changes for child custody orders and parenting plans, too.

In New Jersey, all custody decisions are based on the best interest of the child. This includes both original orders of child custody and modifications of orders. When changes in circumstances impact the child or children, a parent may want to request a court-ordered custody evaluation. In a court-ordered custody evaluation, a mental health professional analyzes the family’s dynamics and current situation. The evaluator recommends a custody arrangement to the court based on the best interest of the child.

A custody evaluator may be helpful in cases involving a parent who has developed a habit of drug or alcohol abuse, a parent who desires to relocate out-of-state or over 100 miles away, or a parent who poses a risk of domestic violence that threatens a child. These sensitive family issues can be resolved out-of-court in many cases, with the help of an experienced family law attorney.

At Spodek Law Group, we have extensive experience representing clients in child custody and parenting plan modification cases in Bergen County, NJ. Our team of skilled attorneys understands the challenges that come with navigating the family court system and will work tirelessly to ensure that your interests and those of your children are protected.

MODIFICATION OF PARENTING PLANS

In New Jersey, when parents separate or divorce and share custody of their children, they are required to create a parenting plan that outlines how they will share time with their children. The parenting plan includes important details such as when each parent will have parenting time, how holidays and vacations will be shared, and how the parents will make major decisions about their children’s lives.

However, as circumstances change, the parenting plan may no longer be practical or in the best interest of the children. If you need to modify your parenting plan, the Bergen County modifications of order attorneys at Spodek Law Group can help.

Common reasons to seek a modification of a parenting plan include:

A parent’s work schedule changes
A child’s needs or activities change
A parent moves to a new location
A parent wants to change the custody arrangement
One parent violates the terms of the parenting plan
Whatever your reason for seeking a modification of your parenting plan, our experienced attorneys will work closely with you to determine the best approach to achieving your goals. We understand that your children’s well-being is your top priority, and we will always prioritize their best interests when advocating for your position.

MODIFICATION OF CHILD CUSTODY

Child custody is one of the most complex and emotionally charged issues that can arise during a divorce or separation. When parents are unable to agree on a custody arrangement, the court will make a determination based on the best interests of the child.

However, as circumstances change, the original custody arrangement may no longer be appropriate or in the child’s best interests. In these situations, it may be necessary to seek a modification of the custody order.

Some common reasons to seek a modification of child custody include:

One parent wants to move out of state with the child
A parent’s work schedule changes, making the current custody arrangement impractical
The child’s needs have changed
One parent has violated the terms of the custody order
The child expresses a preference for a different custody arrangement
If you need to modify a child custody order in Bergen County, NJ, the attorneys at Spodek Law Group Divorce Lawyers can help. We will work closely with you to understand your goals and the best interests of your child and will help you navigate the legal system to achieve the outcome you desire.

CONTACT A BERGEN COUNTY MODIFICATIONS OF ORDER ATTORNEY TODAY

At Spodek Law Group Divorce Lawyers, we understand that family law matters can be complicated, stressful, and emotional. That’s why we are committed to providing our clients with personalized, compassionate, and effective legal representation.

If you need help with a modification of a family court order in Bergen County, NJ, contact our law office today. We offer a free consultation to all prospective clients and are ready to put our years of experience to work for you.

Whether you need help modifying a child custody order, a parenting plan, or an alimony agreement, our team of skilled attorneys is here to help. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.