Appealing and Modifying Divorce Judgements in Passaic County
Appealing and Modifying Divorce Judgements in Passaic County NJ
If one feels dissatisfied with the results of divorce judgment it is not the end of the world. Divorce decrees are not set in stone and can be modified under certain circumstances. These can include changes in alimony, child custody, child support as well as other aspects of a divorce judgment. Our family law attorneys are vastly experienced in the issues your divorce modification may face in Passaic County, Little Falls, Clifton as well as surrounding areas.
The situation that may qualify you for a modification of your divorce are very specific. It is for this reason a skilled and experienced divorce modification attorney is critical for successfully altering a divorce decree in favor of a more fair or manageable judgment.
Divorce Order Modification Lawyers Little Falls NJ
Each of the various aspects of a divorce decree can be modified for different reasons. The primary reasons are as follows:
Child Custody- New Jersey the standard for granting custody is always “the best interest of the child”. However courts have shown flexibility toward changing circumstances. Grounds for a child custody modification include:
- protecting the child from abuse
- child neglect
- exposure to alcohol or drugs
Alimony- Even “permanent alimony” can be modified, increased, decreased or terminated for any of the following reasons:
- death of recipient
- death of payer
- remarriage of recipient
- change in economic status (i.e payer loses job or changes to lower paying job)
- change in physical condition (i.e temporary or permanent disability)
- retirement of payer at normal retirement age
- co-habitation by recipient in a marriage like relationship with sufficient economic benefits to justify modification
Child support- Significant and permanent changes to circumstance can qualify for an appeal for modification. These may include:
- payer has a serious or debilitating illness or injury
- payer is unemployed for more than one year
- changes in parenting time by non-custodial parent
- payer obtaining higher paying employment
In addition, changes in the child’s status may be grounds for modifications to a child support decree. The qualifying criteria include:
- child reaches the age of 18
- child cohabitates with another person as if married
- child enters armed forces
- child marries
Family Law Appeals Attorneys Clifton NJ
There are many justifications for modifying a divorce judgment. Primary if there is a mistake or “excludable neglect”, newly discovered evidence, fraud, misrepresentation and misconduct among many others.
The process for modifying a divorce can be extensive and confusing. For this reason a qualified attorney at your side will make all the difference.
As previously stated appeals and modifications can be very different:
- An appeal is in essence, asking a higher court to review the decision made at the trial level and overturn that decision. Appeals have very strict requirements and deadlines, failure to follow to those requirements often leads to harsh penalties, such as the complete dismissal of your appeal.
- On the other hand, a modification means starting an entirely new case. In order to file a modification you must show there has been a substantial, unanticipated and permanent change that has happened since the last order was entered.
Contact Our Woodland Park Divorce and Family Law Firm Today
At The Montanari Law Group, our qualified and experienced divorce and family law legal team takes pride in serving families from local Passaic County communities including Wayne, Paterson, Clifton, Little Falls, Woodland Park, West Milford, and all of Northern New Jersey. Our attorneys handle all aspects of divorce and family law, including child support, child custody, child support enforcement, division of marital assets, alimony, and much more. We believe in offering legal services which fit the needs and concerns of our clients and their families.
If you or a loved one have any questions or concerns when it comes to an existing or prospective child support agreement, please contact us online or through our Woodland Park, NJ office by calling (973) 233-4396 today for a free and confidential consultation.
