Post-Judgment Modifications

A large portion of our practice at Family Focused Legal Solutions is helping people navigate their post-judgment modification legal issues. These are legal issues that arise after the parties’ divorce. If the parties were never married, a post-judgment issue would be one that arises after the initial custody and/or child support determination.

Most post-judgment modifications involve one party seeking to enforce or modify an existing order. Occasionally, people need a legal solution for a new issue that was not previously resolved (or perhaps even contemplated) in a previous agreement or order.

Here are some examples of post-judgment modifications that we handle for our clients:

Enforcement Issues

  • Enforcement of payment of unpaid alimony or child support
  • Enforcement of custody and parenting time arrangement
  • Enforcing the sale of the former marital home
  • Enforcing the payment of expenses for the children that are not included in child support
  • Enforcement of payment of college or other education expenses
  • Enforcement of transfer of marital assets via equitable distribution
  • Enforcement of Qualified Domestic Relations Order (QDRO) to divide and/or distribute pensions or retirement accounts

Modification Issues

  • Post judgement modifications or termination of alimony or child support due to a substantial change of financial circumstances
  • Modification or termination of alimony due to payor’s retirement
  • Modification of custody or parenting time due to a substantial change of circumstances that warrants such a change in order to meet the child’s best interests

Post Judgment Modifications - New Issues

  • Determination of each parent’s responsibility to contribute to college, vocational school or other post-secondary education expenses
  • Removal and/or relocation of child from state or country due to parent’s desire to move
  • Ordering the sale of the former marital home after one party has failed to refinance the mortgage and/or buy out the other parties’ interest in a timely manner
  • Parental alienation
  • Issues involving a step-parent’s relationship with the child
  • Determination of child’s medical or psychological treatment when parents with joint legal custody cannot agree
  • Registering a foreign judgment obtained in another state or country

When a client comes to us with a post-judgment modifications legal issue, we first determine whether the problem can be resolved without court intervention (i.e. without leaving it to a stranger wearing a black robe to decide your or your children’s fate). Sometimes we can accomplish a full resolution simply by directly negotiating with the other party or their attorney. Sometimes, we (or the parties on their own) can resolve the problem with the assistance of a mediator.

Whether the problem is resolved with a written agreement called a Consent Order (which is then filed with the court to become an official court order), or a judge decides what the result will be, the resulting order is called a post-judgment order. That order then supersedes any inconsistent orders previously entered, including a Marital Settlement Agreement.

Our attorneys are here to help guide you through the process of resolving New Jersey post-judgment issues in family law to ensure you are protected. For assistance with your divorce matter, we invite you to contact Family Focused Legal Solutions online or schedule an initial consultation by calling us at 973-993-9960. Our firm serves the greater part of North and Central Jersey including but not limited to Morris County, Union County, Passaic County, Somerset County, Bergen County, and Sussex County. All communications are strictly confidential.