An Experienced Post-divorce Modification Lawyer Can Fight for Your Rights
If you are seeking to alter the terms of your divorce, attorney H. Tiffany Weiner is a successful post-divorce modification lawyer who can help. You can make alterations to divorce agreements through both mediation and litigation. She will provide expert, dedicated legal representation no matter which course of legal action you pursue. To schedule your first consultation, contact our office today.
What Are Post-divorce Modifications?
Post-divorce modifications are changes in the divorce decree, typically regarding custody, visitation rights, child support, or alimony. Changing any of these situations can be a lengthy and difficult process, making it necessary to have the help of an experienced attorney on your side. Modifications regarding distribution of marital property can be extremely difficult to obtain. Often, these changes will only be granted when the case involved fraud during the disclosure of assets when the estate was divided.
Modifying Child Support
Child support in New Jersey is designed to meet the needs of the child, including food, shelter, clothing, health care, and education. The parent paying child support or the parent receiving child support can request a modification of the obligation. The parent requesting the change must show that there are altered circumstances that are long-term, substantial, and could not have been expected. Once the changed circumstances have been proven, the court will take into consideration all past and present factors when making the child support order.
There are several common situations in which courts have ordered modifications, including:
Increase in the cost of living
Increase or decrease in income
Loss of home or living situation
A parent or child suffering a severe illness or disability
Change in federal income tax laws
Post-divorce hearings can be as long and complicated as the original divorce case, making it essential to retain an attorney who is experienced in this area. You can rely on H. Tiffany Weiner to provide expert, tireless support during this difficult time.
Modifying Alimony
Modifications of spousal support, or alimony, can be requested by either spouse. The requesting spouse must demonstrate that there has been a change in circumstances that is substantial and on-going. Once this requirement has been met, the court will move forward with a hearing regarding the modification. Situations that might lead the court to change a spousal support order include:
An increase in either spouse’s income: A judge will use the marital standard of living for comparison
An involuntary decrease in either spouse’s income: The court will consider job loss, disability, or retirement at or after age 65
An increase in the supported spouse’s cost of living: If there was no built-in cost of living adjustment, or unanticipated factors led to the increase, the court will consider a modification
Cohabitation with a new partner by supported spouse: The relationship must be serious and long-lasting, and affect the income of the supported spouse for the court to make a modification
How TW Family Law Can Help
Post-divorce modifications can be reached through both mediation and litigation. H. Tiffany Weiner is an experienced, accredited mediator who can help both parties have productive, beneficial meetings to modify a divorce agreement. She also is a certified matrimonial law attorney who has successfully litigated hundreds of divorce cases, and can fight for your rights in court. Post-divorce hearings can be as long and complicated as the original divorce case, making it essential to retain an attorney who is experienced in this area. You can rely on our attorney to provide expert, tireless support during this difficult time.
Receive Expert Representation Today
If you or your former spouse are attempting to modify your current divorce agreement, H. Tiffany Weiner can help make sure you are able to navigate the difficult legal situation and fight for your rights. Schedule your consultation today to receive expert legal counsel.