When your divorce agreement has been finalized—along with any necessary child custody, child support, or spousal support—the anticipation is that you won’t need to revisit it. But circumstances may change and it may be necessary to reevaluate your previous agreement.
Individuals looking to modify agreements following a divorce may be able to file a motion with the court to either enforce, modify, or terminate the final judgment of the divorce proceedings. Modifying final judgments can be complex, but if you need to make changes to your court order, you have options.
The experienced attorneys at Dughi, Hewit & Domalewski can help you understand the legal strategies available to you for post-judgment applications in NJ and work toward a solution that best reflects your family’s current circumstances. Contact us today to schedule your consultation.
Our Approach to Post-Judgment Applications at Dughi, Hewit & Domalewski
Legal representation isn’t just about securing an attorney to help you resolve a legal matter. Finding the right attorney means you’ve got someone in your corner who will help you understand the post-judgment application process, evaluate your options, and create a strategy for resolving the issues you’re experiencing with your divorce settlement.
At Dughi, Hewit & Domalewski, we believe every client should feel empowered and supported by their legal team. Our approach to family law starts with the following ideas:
Each client should receive a legal strategy that is tailored to their unique situation
Each client deserves a legal team committed to transparency and education
Each client deserves the opportunity for a fresh start for themselves and their families
We are our client’s biggest advocates and champions. Our goal is to help you understand your options, come up with a plan, and get the peace of mind you deserve.
When your divorce is finalized, you and your former spouse agree to a set of terms for issues like child support, child custody, distribution of property, alimony, and more. Ideally, these terms meet your family’s needs now and in the future.
But circumstances may change over time, and you or your former spouse may realize that those terms need to be updated to reflect new situations. In these cases, a post-judgment application may be filed.
A post-judgment application is part of the process of seeking updates or enforcement of the agreements that were part of your divorce settlement. Even if your divorce was a long time ago, it’s still possible to seek a post-judgment modification. You may seek post-judgment modifications for issues such as:
Alimony modifications resulting from a change in employment or financial circumstances
Child custody modifications resulting from breaches in the terms of your child custody agreement or a change in personal or professional circumstances
Child support modifications resulting from new marriages, children, or a change in financial circumstances
Distribution of assets resulting from the discovery of hidden assets
How to File a Post-Judgment Application in New Jersey
The steps you need to take to file a post-judgment application in NJ may vary depending on what type of application you are filing, but generally, the first step in filing is to file a Notice of Motion.
Once that has been completed, you will select a court date for your motion and will need to fill out the following forms:
Confidential Litigant Information Sheet
Certification in Support of Motion
Certification of Filing and Service
Notice to Litigants
Case Information Statement
Letter to the Clerk
An experienced family law attorney like those at Dughi, Hewit & Domalewski can guide you through the process for a post-judgment application in NJ and help you ensure that your interests are best represented and protected.
How Our Family Law Attorneys Can Help You with Post-Judgment Applications
Our experienced family law attorneys can help you obtain, enforce, modify, and terminate the following:
While the child support owed each month is calculated by the state of New Jersey, it’s only a snapshot of financial circumstances at the time. Circumstances may change over months and years, and parents may need to request a modification of child support.
There are many reasons why child support modification may be necessary, from financial hardship to your child needing additional support.
From the initial award of child support through enforcement and post-judgment modification, the attorneys at Dughi, Hewit & Domalewski will listen and work with you to ensure financial stability for you and your child.
In situations where the circumstances of your family change, custody modification may be needed.
Whether you or your ex-spouse are considering relocation, your child is going off to college, or any other circumstance has changed since the original custody order, we can help protect the best interest of your child.
New Jersey law allows you to modify a child custody order either through a consent order or by filing a motion. The right strategy depends on why you’re seeking a modification, your relationship with your co-parent, and your goals for the modification. Our experienced child support attorneys can help you explore your options.
Once parenting time has been established, changes in the child’s life or those of the parents—for example, a change of employment or the need to develop a child’s special talents with lessons—may require the parenting time schedule to be adjusted.
Our family law team can help you and your ex-spouse come up with a schedule that is workable for all parties.
There are several different types of alimony that you or your ex-spouse may be eligible for. However, each type of alimony is highly dependent on the current circumstances of your case, which factor into the court’s determination of the award. When your circumstances change and an adjustment to your alimony becomes necessary, contact us for a consultation.
Contact an Experienced Family Law Attorney
At Dughi, Hewit & Domalewski, we understand that life can be unpredictable. That’s why our dedicated team of family lawyers is there for you even after the final judgment in your case. Whether you need to change or terminate an order or enforce an existing order, our legal team can help protect your family’s best interests.
Any of the following factors can be considered a change of circumstances for the post-judgment application:
Change in employment
Permanent or long-term disability
Emancipation of a child
Finding that a child has special needs
The child going to college
Other circumstances unique to your case
Can the division of property established at the time of a divorce be modified afterward?
Except in extreme cases, such as when one spouse hid assets from the other, the declaration of distribution of property can’t be modified.
When should I consider modifying a court order?
There are many circumstances in which you may want to consider modifying your court order. These include:
Changes in income
The birth of another child
Other situations that affect your court order
What should I consider if I want to modify a child custody order?
There are many considerations to make when deciding whether to modify a child custody order. Some concerns may include:
Relocation of a parent
Change in the child’s needs
One parent isn’t abiding by the custody order
There has been an instance of abuse or child endangerment
What is a Cross Application for Modification of Court Order in NJ?
A Cross Application for Modification of Court Order is a written request submitted to the court asking that a change be made to an existing order. This same instrument is used to get enforcement of the original order.
What is meant by “the best interests of the child”?
The best interests of the child is a standard used by the family law court to make decisions in cases involving children. The court will consider a number of factors that fall within four basic categories:
Child’s physical health and safety
Child’s emotional well-being
Parents’ co-parenting skills and willingness to work together