As life goes on, former spouses may find that their original agreements made for marital issues have become outdated. Individuals may have faced significant changes in their lives that may warrant a change to a marital issue that still affects them. Whether this is a child custody arrangement or alimony, it can be brought to court to address the issue. Individuals can file a motion with the court to bring their former spouse to litigation. This can lead to a modification to the original agreement that fits the new situation better. When this occurs, individuals should still maintain legal counsel to ensure they are aware of the process and what can happen throughout it. They should make sure their rights are being protected whether it is money that is owed to them or time with their children.
Who decides child custody adjustments?
Child custody arrangements can be brought to court when a parent files a motion with the court. If they are finding that the custody arrangement is not going according to plan or the child has outgrown the previous agreement, they can file this motion to bring their former spouse to court. A judge can then preside over the case. The judge will take into account the previous arrangement and if it needs to be adjusted. They will consider the new factors or what part of the arrangement is not working for the parents. This can help them decide on how to change the arrangement or if they will keep it the same.
What can affect alimony?
Alimony can be changed by a variety of new factors in someone’s life. With alimony, the dependent spouse is receiving money from the independent spouse because they were deemed unable to support themselves after marriage without the help of their former spouse. Since situations can change, there is room for adjustments. Alimony payments may be adjusted to decrease or increase in size or even stop altogether. These changes can occur based on a variety of life circumstances. The independent party may retire or become unemployed. Remarriage and cohabitation are other factors that can affect the payment of alimony. If individuals believe they are entitled to more or have faced an issue where they cannot pay as much alimony, they should file a motion with the court.
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.