Your divorce could take a long time and cause a lot of stress. Depending on your circumstances and how functional your relationship is with your ex-spouse, disputes could continue. If they’re not resolved, legal action will persist as well.

If your divorce means the end of the marriage and you have no reason to be in contact with your former spouse, you probably can wash your hands of him or her and move on with your life. However, if you had children together and/or there are money or property issues that remain unresolved, you may be in it for the long haul.

If parties are flexible, reasonable, and empathetic towards each other, these could just be bumps in the road. If bitterness and anger remain in the relationship, the parties could throw procedural and legal brick walls in front of each other in perpetuity. Here are some issues divorced couples may need to confront after a divorce is so-called finalized.

Spousal Support Modification

Part of a divorce decree could involve spousal support or alimony. If the parties don’t agree on the issue during the divorce proceedings, a judge may decide that it’s fair for one spouse to pay the other, most often for a specific term of years. Most settlement agreements state that either party may ask for modified support if there are substantial future changed circumstances, whether or not foreseeable or foreseen at the time the agreement was signed.  Unless the parties agree in their settlement not to consider such changes, the law permits such applications anyway.

Courts can modify support orders by state statute (N.J.S.A. 2A: 34-23) based on the changed circumstances of one or both parties. The one seeking the change has the burden of establishing a facially valid case of changed circumstances.

An ex-spouse seeking:

• More support could show changed circumstances by specifically alleging increases in his or her own and the children’s needs

• To pay less support could claim, backed by sufficient evidence, a reduced income. If the person worked a long time in a given field but lost a job and could show good faith yet fruitless efforts to find a new one, a lower support payment may be justified. Depleted savings and a lower income would help the argument.  However, if the basis of the application is reduced income due to a disabling injury, and disability insurance is available, then the reduction may not occur, or not occur as much.

Child Support Modification

Child support payments are generally calculated by using the New Jersey Child Support Guidelines, though the parties or a judge may vary from them. A court would consider a petition for modification of the child support order if, since the order was entered, one parent’s income has substantially changed or the child’s needs have. The parent seeking the change would need to show the changed circumstance and its anticipated duration.

After looking at the available facts (including the other parent’s financial information), the judge would decide the modification request and issue an order based on the same factors the parties considered during settlement or the court considered at trial.

One Parent Wants to Move

An ex-spouse may want to move to take a new job, be closer to his or her extended family, or simply get away from where a difficult marriage came to an end. This usually is only an issue if the move impacts parenting time. The court can get involved if the distance is long enough to impact the child and parenting time arrangements. It need not be out of state, although the most contentious removal cases involve long distance relocation.

If one parent wants to move and the other objects and they can’t agree to a new parenting time schedule to address the problem, it can end up in mediation, arbitration, or court. If so, the parent planning to move must establish relocating with the children is in their best interests. Factors that can be considered when making that decision are listed in this statute.

If a move may happen, both parents should discuss how it will impact their children. Lack of communication can be the prelude to legal action. If there’s an objection, both parties should try to work out ways both parents can meet their goals and objectives.

Modified parenting time could be worth a try. Which days are spent with the non-moving parent could change to make it more of a bonding experience for that parent and the child. Extended parenting time could be afforded during vacation breaks from school, including summers. The parent who moves could be the one spending time transporting the child, or footing the travel bills. The parties could try different approaches, alone or in combination, before filing in court:  negotiations (with lawyer assistance or not), mediation, arbitration, or collaborative law.

Remarriage and Other Grounds for Termination

If stopping support isn’t already part of your divorce decree, expect the payor ex-spouse to ask a court to lower if not end it at various points along the way. This could happen due to planned retirement, permanent disability, lengthy unemployment, or incarceration – for real.  It will always happen upon the receiving ex-spouse’s remarriage.  And it could happen if s/he lives in a quasi-married relationship called “cohabitation”, which is basically ABM – all-but-married.

Post-Divorce Legal Issues

Our attorneys regularly represent folks in post-judgment modification proceedings and assist them with enforcement or defense against enforcement.

If you have questions or concerns about your final judgment documents, their continuing viability, a need to make changes, enforcement, or defense to enforcement: please contact our Central Jersey law offices to discuss.  You may reach us online or at 609-683-7400 to arrange a reduced rate initial consultation. We accept credit cards and offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, plus evening appointments during the week by pre-arrangement only.  We will meet, as you may prefer, via Zoom, phone, or– in these COVID-19 times — in a safe distancing and masked setting.  Call today.  You will be glad you did.