Trenton Modification and Termination Lawyers
Experienced Family Law Attorneys Provide Invaluable Guidance for Clients Requesting the Modification of Alimony or Child Support in Mercer County and Throughout New Jersey
Despite the best of intentions and careful planning, your alimony, child support or child custody agreement hasn’t turned out the way you hoped. At Kalavruzos, Mumola, Hartman, Lento & Duff, LLC we know too well that life and family circumstances can change.
Perhaps your child has simply grown older and matured. Or maybe your financial situation has changed. Regardless of the reason, if you think you might need assistance with your modification or termination request, KMHL&D can help you with that.
The compassionate and knowledgeable family law attorneys at Kalavruzos, Mumola, Hartman, Lento & Duff, LLC understand the sensitive nature of your situation. We also know the ins and outs of the New Jersey court system and how to not only get what’s fair but what’s best for you and your family. Contact our Trenton Modification and Termination Lawyers today to get started on your case.
Adjusting New Jersey Child Support Obligations
Child support allows a child to enjoy the benefits of having financial support from both parents, even if those parents aren’t married or living with the child.
The creation of the prior child support order requires very careful consideration of a number of factors. These factors focus on doing what’s best for the child. Therefore, courts will not grant a child support modification without ample justification for doing so.
Either the custodial or non-custodial parent may request a change in child support obligations. The custodial parent might ask for an increase due to changes in the child’s needs. The non-custodial parent might ask for a decrease because they are earning significantly less money.
A court will grant a modification of child support if the requesting parent can show that there has been a change in circumstances that is:
- Permanent; and
- Could not have been anticipated.
For example, if a parent has voluntarily quit his job and chosen to take one that pays far less, a court is unlikely to grant his request to pay less in child support. This is because it’s a change in circumstances that could definitely be anticipated.
Change the facts a little in that this parent suffers a disabling injury from a workplace accident that cuts his earning potential in half. Now it’s far more likely the court will reduce the child support payment requirement.
An experienced attorney from Kalavruzos, Mumola, Hartman, Lento & Duff, LLC can examine the specifics surrounding your case and provide you with the guidance you need to move forward with your modification request. Contact us today for a free consultation.
Child Custody Modifications in New Jersey
When it comes to adjusting a child custody arrangement, the court will always focus on what’s best for the child. A child custody arrangement can be modified in one of two ways.
First, both parents can work with each other to find a new custody agreement that they both approve of. Once an agreement is reached, the judge must still review it to make sure it’s in the best interests of the child.
Second, a motion can be filed asking the court to modify the custody agreement. However, the parent requesting the custody modification will have to show there’s a substantial change in circumstances.
Examples of what could potentially qualify as a substantial change in circumstances include:
- Relocation of one of the parents
- Job involving a high volume of travel or heavy-handed scheduling changes
- Introduction of an additional party (i.e., boyfriend, girlfriend, spouse, family member, or friend) who could negatively impact the child
- Severe illness or injury
- Demonstrated decline in the child’s psychological health, social health, or educational performance
Whether you’re putting forth a request for modification or defending against such a request, the success of your efforts will depend a great deal on the ability of your attorney to persuasively advocate your position. An experienced family law attorney from Kalavruzos, Mumola, Hartman, Lento & Duff, LLC can protect you and your family’s interests
Modification and Termination of Alimony
A court may terminate or modify alimony due to “changed circumstances.” Sometimes these circumstances can be anticipated. Other times they come as a surprise.
The purpose of alimony is to help the financially dependent spouse meet their basic financial needs and if possible, maintain a standard of living they had while married. If the dependent spouse were to improve his or her money situation, then it only makes sense that a court would consider reducing or terminating alimony.
For example, if the spouse receiving alimony were to gain a significant inheritance or get a massive pay raise, then alimony payments could easily be reduced or even terminated.
And if the spouse paying alimony were to retire at normal retirement age or lose a job due to circumstances outside of his or her control, then it’s possible a court may reduce the alimony.
Alimony usually ends in four situations.
- The alimony was based on a condition occurring and that condition has occurred. A good example is the dependent spouse finishing school.
- Either spouse passes away.
- The alimony was to last a set amount of time and that time period has ended.
- The dependent spouse remarries or enters into a civil union.
However, it’s still possible for alimony to terminate for other reasons, such as a drastic improvement in the economic status of the spouse receiving alimony payments.
Contact an Experienced Modification and Termination Family Lawyer in New Jersey Today
If your situation has changed and you’re thinking about modifying or terminating a child support agreement, alimony, or a child custody agreement, please contact us. A modification and termination attorney from Kalavruzos, Mumola, Hartman, Lento & Duff, LLC can help answer any questions you might have.
Don’t be afraid to see what your options are and get help deciding what’s best for yourself and your family. Contact us today.
Frequently Asked Questions About Modifications and Terminations in New Jersey
No. In most cases, a parent can stop paying child support when the child turns 19. There are two exceptions to this general rule.
First, the child could become emancipated by the court sooner than age 19. In this scenario, the child support obligations will end after the emancipation is complete.
Second, if there are special circumstances that are in place after the child turns 19, the court may still require the non-custodial parent to continue paying child support. For example, if the child has special needs.
Possibly. If you can get the consent of the other parent for the move, then you may not need the court to issue a new child custody order.
If you want to move to another state and the other parent won’t agree to your request, you’ll need to file a motion with the court asking for the court to grant your request. In this motion you’ll have to show why moving to another state is in your child’s best interest. If the court grants your request, they will also likely modify the child custody order as well.