Sparta Custody Enforcement Law Firm
Families grow and change, and as they do, it is important that your divorce agreement keeps pace with your family’s needs. At the law offices of Morris, Downing & Sherred, our Sparta child support modification attorneys can help you enforce your current child support and alimony plan or obtain modifications that work for you and your family. With more than a century serving New Jersey families, we know how to help our clients as they grow and change.
Understanding Modifications Of Orders In New Jersey
In New Jersey, you can seek post-divorce modifications for a number of concerns, including child support, child custody, visitation and alimony. For example, if the parent paying child support gets a raise, child support payments go up, regardless of whether or not there is need. Nothing has to be proven besides the raise itself.
On the other hand, the downward modification of child support or alimony requires a permanent and substantial change in circumstances, which is less easy to prove. Job loss and remarriage could be considered substantial, permanent changes, but you want an experienced lawyer on your side so you make sure you get a plan that works for your family.
It is harder still to modify a child custody or visitation plan. The standard in these situations is the best interests of the child, and expert testimony is often required, especially if one parent is interested in relocating with the child out of state.
Enforcement
If one party is not living up to his or her responsibilities, as outlined by the court in the judgment of divorce or other applicable court order, you may need to bring a motion to enforce your rights. An enforcement motion can be brought against a payer parent for failing to pay child support or against a custodial parent for failing to comply with the child custody and visitation plan.
Enforcement motions can be brought against an ex-spouse for failure to timely pay an alimony obligation, or for failing to transfer property pursuant to a marital settlement agreement. The enforcement of court orders does not always work. If the other side still does not comply, there are other remedies. The court can pursue wage garnishment and, in some circumstances, even jail.
Contact Us Today
Of course you want your divorce settlement to work for everyone, but that is not always the case. From our Newton offices, we can help you enforce your court orders or obtain a modification to an existing obligation. Call 973-383-2700 or contact us online today to learn more.