What You Need to Know About Post-Judgment Modifications in New Jersey

In the months or years after a divorce, things change. For this very reason, New Jersey courts often grant divorced spouses post-judgment modifications to better reflect their current situation in life. If you believe you require a post-judgment modification, please continue reading and speak with our experienced New Jersey family law attorneys today to learn more about how we can help you through the process ahead. Here are some of the questions you may have:

What Substantial Changes in Circumstances Warrant a Post-Judgment Modification in New Jersey?

There are various circumstances that have caused New Jersey courts to award individuals post-judgment modifications in the past. Some of those circumstances are as follows: Under the landmark New Jersey Supreme Court ruling in Lepis v. Lepis, 83 N.J. 139 (1980), the party seeking a modification bears the legal burden of proving that these changes are truly substantial and permanent.

• When one spouse either receives a promotion, a new, higher-paying job, or otherwise comes into a large sum of money, it may constitute a reduction of child support/spousal support payments by the other supporting spouse. That being said, this can also work the opposite way, in that if one spouse receives a demotion or otherwise loses his or her job, it may also require a modification to the child support/spousal support agreement in place. Per New Jersey statutory standards, an involuntary loss of income or employment must typically persist for a minimum of 90 days before the court will consider a formal motion to modify support obligations.
• If one spouse moves in with another person (cohabitation), this may also warrant a modification to a spousal support agreement, as the new couple (presumably) will no longer need the other spouse’s paycheck for support. New Jersey statute N.J.S.A. 2A:34-23(n) outlines strict legal criteria—such as intertwined finances, joint responsibilities, and the stability of the relationship—that judges analyze to evaluate if cohabitation warrants a reduction or termination of alimony.
• If your child has a change in schedule, such as taking on a new sport, it may warrant a child custody modification, especially if one parent is unable to participate in picking up/dropping off the child at these events due to work or other obligations.
• If one parent exposes a child to an instance of substance abuse, domestic abuse, or any other behavior that may call that parent’s parental fitness into question, this will most likely warrant a post-judgment modification to the child custody agreement as well. It’s important to understand that if a child is faced with immediate danger, a parent can seek an emergency petition called an Order to Show Cause as a means of requesting immediate and temporary custody modifications.

How Do I File for and Legally Prove a Post-Judgment Modification in New Jersey?

If you are someone who wishes to receive a post-judgment modification, you will have to hire an experienced New Jersey family law attorney who can work to prove that there has been a significant and continuing change in circumstances. The modification process begins by filing a formal Notice of Motion with the family part of the New Jersey Superior Court in the county where your initial divorce judgment was entered. Our firm can use financial records, police reports, school records, and any other information that may be necessary to prove as much to help you receive the post-judgment modification you deserve.