Once a divorce order is in place, you are obligated to comply with all terms or face enforcement or you could face serious legal problems. If you have a significant change in circumstances, such as loss of a job, remarriage, the birth of another child, or reduced income from work, the court will often approve a modification. In some cases, the modification is sought due to the changed needs of a child, or cases in which neglect or abuse is taking place. At my firm, the Law Offices of Ryan E. Gilbert, LLC, I serve as counsel in all family law matters, including post-decree modifications.
As a trial lawyer and litigator, my goal is to help my clients to successfully modify a court order to resolve these difficult issues as quickly and efficiently as is possible. With more than a decade of experience, and having worked in some of the most well-known law firms in the country as a litigator, I have gained a great insight into case development and presentation and what it takes to get a positive outcome in court.
Call my firm at (866) 760-6430 to discuss your case with a seasoned East Brunswick modification lawyer.
When a court order is in place that requires certain payments to be made, such as child custody, spousal support, or visitation, any failure to comply is extremely dangerous, as you can be charged with contempt of court, as well as face legal action in an effort to collect overdue payments. Your wages could be garnished, any tax refund paid to the other party and other legal actions that could make your life difficult. Even if you have made a personal arrangement with your former spouse or relationship partner, you are subject to legal action. It is advised that any changes in arrangements are approved through the court. This could include a request to move away, if your job or other personal life matter makes this the right decision for you.
What type of modification do you need?
If there was any fraud or failure to disclose in financial matters in the divorce, a legal action can be initiated. This could include cases in which the other party hiding other assets, or similar situation. In order to modify the amount you are under court order to pay in child support or alimony, the court will expect you to provide full documentation and evidence that you have a substantial change in income, whether due to a change in your job, a loss of employment, or other change. If one parent is putting the child(ren) at risk of harm, through neglect, alcohol or drug addiction or other dangerous situation, a custody or visitation order can be modified, but the case must be presented with clear and convincing evidence to support the request. The court is hesitant to modify an existing order and your case must be presented both professionally and persuasively.
Contact my firm for assistance in any post-decree matter. I can advise you about what to expect and how the matter can be resolved. As an East Brunswick family law attorney, I am committed to serving my clients with the highest level of legal representation, and would like to speak with you about your situation.
Contact my East Brunswick or Freehold firm today at (866) 760-6430 for information about a post-decree modification.