Can You Modify a Divorce Case in New Jersey After It's Finalized?
While every case is unique, you can likely modify a final divorce agreement in New Jersey even after it’s finalized, but only the portions of the agreement that look forward. Child support and parenting terms can change as life shifts, but the division of property is close to permanent. Weinberg, Kaplan, & Smith, P.A. handles post-judgment support modifications, including cases where a former spouse wants a second round in court.
Which Parts of a Divorce Judgment Can Be Modified?
Limited duration alimony may change in amount, but its length changes only in unusual circumstances. However, the majority of settlement agreements will include language referred to as an “anti-Lepis clause,” where it is agreed both parties waive their right to future modifications in consideration of the global resolution. Custody and parenting time are always subject to modification based upon a substantial change in circumstances, as the children’s best interests remains paramount, and at times, ever-changing.
What Changed Circumstances May Justify a Divorce Modification?
Under the New Jersey Supreme Court’s decision in Lepis v. Lepis, 416 A.2d 45, 83 N.J. 139 (1980), a modification requires evidence of a substantial, lasting change in circumstances. Events that may meet this standard include:
- An involuntary job loss or pay cut
- A serious illness or disability
- A former spouse living with a new partner
- A child moving into the other parent’s home
A brief layoff or one slow month usually falls short of reaching this burden. The Court will also compare current finances with the divorce-era numbers by reviewing the parties’ Case Information Statements.
How Far Back Can a Support Change Reach?
A Judge may adjust child support retroactively to the date you mailed written notice of your motion, provided you file within 45 days. Amounts due before that date generally remain payable in full. Different timing rules may apply to alimony after a job loss.
Reopening Property Division After Judgment
The Court will not review and revisit the division of a marital asset such as the marital home simply because one party regrets the deal after the fact. The law allows relief for clear mistakes, newly discovered evidence, or fraud, but those motions must be filed within one year of the judgment. An account purposefully left off the financial disclosures is a typical example of when this may occur.
What Happens If Your Ex-Spouse Keeps Going Back to Court?
A former spouse has 45 days from the entry of a Final Judgment to file an appeal. After that, any new request is filed as a Motion in the Family Division in the same county where your divorce was finalized. If you are served with Motion papers, it is important to act quickly on the following:
- Confirming the Motion return date and opposition deadline
- Possibly preparing a new Case Information Statement with current pay records
- Filing a cross-motion, if you want to request any relief of your own, including enforcement
- Continue to issue or account for full and timely payments under the current agreement, which remains enforceable until a new Court Order is entered.
Repeat filings without new facts can ultimately cost the person who brings them. Judges may asses counsel fees or future sanctions against a party who continues to file in bad faith when deciding if an award of counsel fees is warranted.
Get Help With Post-Divorce Modifications in South Jersey
Weinberg, Kaplan, & Smith represents people on both sides of modification requests, and our appeals practice picks up cases that leave the Family Part. If papers have just arrived or your finances have changed, call (856) 795-9400 or contact us online so our attorneys can review your current order. Raised in this region, our team keeps your children’s changing needs and your financial stability at the center of every filing.