Changing Or Enforcing Existing Family Law Orders
Once the court issues your divorce decree, you may think you are done dealing with legal issues. When it comes to families, however, situations change over time. If you or your ex seeks to change something about your existing order or you need help with enforcement, you will likely need legal help.
My name is Amilcar J. Perez, head attorney at Perez Family Law. When you face changing circumstances, I can help you review your options. I approach each case with dedication and compassion. Whether you need help enforcing child support payments or need to change your custody arrangement due to a new job, discuss your questions with me. I help clients throughout southern New Jersey from my office in New Brunswick.
When Can You Modify A Custody Order?
Judges understand that children and families change over time and their needs may also change. You can always request a modification of child support and custody orders, but that does not mean the court will grant your request. You must meet certain requirements.
To change a custody and visitation order, you must show a “substantial change in circumstances.” This could include:
- Relocation of a parent – If one of the parents has to move for a new job, the court will consider a change.
- Child endangerment – If you become aware of a situation where your ex put your child in harm’s way, you can ask the court to limit their custody or visitation rights.
- Changes in your child’s needs – Sometimes one parent is better suited to helping a child through changes or special needs than another or the child would benefit from a change in physical custody or an increase in visitation.
Whether you are requesting a change or you are opposed to a change proposed by your ex, I can advocate for your interests and help you protect your relationship with your child.
Making Changes To Child Support
Just like custody, the courts understand that certain situations may require a change in child support payments. The standard is slightly different, however. You must show that you have a “changed circumstance” due to a “significant and unanticipated life change,” according to New Jersey Statute Title 2A §17-56.9a . Examples can include:
- The loss of a job
- A permanent disability
- A change in custody or parenting time
If you have not had child support reviewed or changed in the past three years, however, you do not need to show changed circumstances. In addition, child support orders should include a cost of living adjustment every two years.
Do You Need Help With Enforcement?
Unfortunately, some parents have a difficult time following the order set out by the court. If you are having difficulty with your ex abiding by the schedule in your order, you can ask for a modification. Failing to abide by a custody order is a serious situation that may eventually lead to an arrest or the parent losing their parental rights.
When it comes to child support, the state will often help through various methods, such as:
- Garnishing their wages
- Withholding tax refunds
- Seizing their property
The courts take these matters seriously. I will help you understand your options and find the best path forward for you and your family.
Get Started With A Free Phone Consultation
Find out how I can help you with your modification or enforcement issue in a free initial phone conference. To schedule, please either reach out online or call my office at 732-201-6435. Se habla español.