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New Jersey Modification FAQ's

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By David M. Gorenberg, Counsellor at Law

Published:  July 17, 2004

1) What is modification?
A modification is a change to a prior judgment or order.

2) Does this include separation agreements?
Yes, if they have been incorporated with a final Judgment of Divorce.

3) But I thought that the agreement was a binding contract, now you say it can be modified.
Under certain circumstances, even a binding contract can be modified.

4) What circumstances?
Well, first look at your agreement (assuming you have one) and you might be able to tell if it can be modified. If you can't tell, call your old divorce lawyer and ask him/her. Typically, such circumstances include substantial changes in income of either party, and other factors of that nature.

5) If there was no agreement, just a judgment, what is the legal standard necessary to modify the judgment?
You must show a "substantial change in circumstances." Increased age of the children, medical problems, and the like usually suffice.

6) Then what?
Assuming you pass the "substantial change" test you can file a motion for modification. If you are not sure, you can probably still file the motion, but you may not succeed.

7) How can I file this motion?
You complete a Notice of Motion (forms may be available at the Family Court in your county) and a Certification, explaining the particulars, such as the section of the judgment you want to modify and the nature of your substantial change in circumstances, and serve the papers on your "ex". (See FAQ 5, in the Contempt of Court FAQs.)

8) Are there any exceptions to the "substantial change" standard?
Yes, if you can show that the best interest of the child(ren) necessitates a change, then the judge will be more inclined to modify your judgment.

9) What will this cost?
A motion costs $15.00, plus the costs for postage.

Last modified:  January 16, 2005 - 09:41 AM


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