Somerville Post-Judgment Motions Lawyer
Helping Clients Enforce or Modify Divorce Orders and Divorce Settlement Agreements
After divorce proceedings are over, many things are bound to change. Just because you have a divorce agreement does not mean that the terms cannot be modified if the situation so merits. If child custody changes or there is a change in financial circumstances, you may have the right to file a post-judgment motion to modify the terms of your agreement.
Post-judgment modification attorney Katherine K. Wagner will bring her decades of experience to bear in analyzing your case to determine whether you might have grounds to modify the provisions of your divorce order, or to defend against an effort by your former spouse to change the status quo. Our Somerville family lawyers will fight on your behalf to ensure that issues remain equitable and continue to meet your needs post-divorce.
Modifying Alimony or Child Support
If one party’s financial circumstances change following a divorce, then there may be grounds to modify the existing order. If, for example, a spouse receiving alimony or child support suddenly has a stronger source of income, loses a source of income, or if they remarry, there may be grounds to increase, decrease, or eliminate alimony or child support. If a spouse paying alimony or child support can no longer afford to pay the amounts owed each month due to a loss of income, then they may have grounds to modify the support awards. Likewise, when a child is emancipated, or if they incur unexpected educational or medical expenses, there may be a reason to modify support.
Common reasons for modifying child support or spousal support include, for example:
- Loss of a job
- Getting a new job
- Severe illness, including mental illness
- Permanent or long-term disability
- If a child requires special needs
- A child’s emancipation
- The child goes to college
Divorce modification attorney Katherine K. Wagner can help you seek a modification of your child support or alimony order in light of your changed circumstances to ensure your financial well-being as well as the security of your family.
Modifying Child Custody
A change in circumstance may alter more than just the financial arrangement between the parties. If one party’s change in behavior affects the health or well-being of the shared children, or if one party has been violating the terms of the child custody or child support arrangement, there may be grounds to modify child custody. Additionally, if one party seeks to relocate to a distant county or another state, and they want to bring the children with them, then they must seek a modification of the child custody order.
New Jersey child custody attorney Katherine K. Wagner has fielded numerous child custody modifications in her more than 25 years of serving New Jersey divorce clients. Ms. Wagner will help you protect your relationship with your child and the welfare of your family when you or your co-parent experience a change in life circumstances that necessitates a change.
Motions to Enforce
A motion to enforce an agreement is ordinarily made when one party is violating the terms of the agreement to the detriment of the other party. This could include non-payment of alimony, non-payment of child support, or failure to divide assets as per the agreement reached in the Equitable Distribution process. If the defaulting party is found to have willfully violated the terms of an agreement, then the court may impose a legal penalty. The penalty may include, for example, paying the owed amounts plus interest and paying the other party’s attorney’s fees. If your former spouse is violating the terms of your divorce settlement or final divorce order, Katherine K. Wagner, Attorney at Law, will fight to ensure that your rights are preserved and your ex or co-parent is held to their legal obligations.
Motions for Contempt
A motion for contempt is generally brought after a motion to enforce has already been made and an initial order has been entered. If the party against whom the order is issued continues to disobey the court’s order, then the party seeking enforcement can bring a motion for contempt. Depending upon the type of violation that is occurring, more severe penalties may be ordered. In extreme cases, an order of contempt can even subject a party to jail time.
Get Help Enforcing Your Divorce Settlement or Order in Somerset County
Your rights do not end when the divorce is finalized. If you have an agreement that is being violated by your former spouse, contact Katherine K. Wagner, Attorney at Law, today to discuss your rights to enforce the agreement that you made in good faith. We serve clients in the Counties of Somerset, Hunterdon and Middlesex and the surrounding areas.