What Constitutes a Change in Circumstances in New Jersey

In order to convince the Court that a child support or alimony (spousal support) amount should be modified, the party making the request must establish for the Court that there is a change in circumstances, for one or both parties, justifying the modification.

Sometimes litigants have a court order for support that was entered while the divorce was pending. A New Jersey Judgment of Divorce may also include a provision for support payments, or one of the parties may have previously obtained a support order from the New Jersey Court.

In any of these situations, the litigant must establish that there is a change in circumstances which necessitates a modification of the earlier support amount.

Understanding what constitutes a change in circumstances in New Jersey is critical before filing an application to modify support or custody.

Legal Standard for Changed Circumstances

To legally modify a final judgment of divorce or a past court order for support, the party filing the application or motion has the burden to prove these elements to the court:

• Substantial: There must be a substantial change in circumstances for one or both parties.
• Permanent or Long-Term: Temporary financial setbacks or short-term illnesses typically do not justify modifying a court order.
• Unanticipated: The shift cannot be an event you or your spouse reasonably expected when signing the original agreement or when the court entered the Order.

Because these legal standards are strictly enforced by New Jersey courts, obtaining a modification of a New Jersey divorce judgment or a past court order for support requires strong documentation and persuasive evidence. In many situations, these motions are commonly referred to as a Lepis Motions (referring to the Lepis v. Lepis, New Jersey  Supreme Court case where the Court defined a change in circumstances) or a change in circumstance motion under New Jersey family law. The court will closely examine whether the alleged change in circumstances in New Jersey satisfies these legal requirements.

Changes Affecting Alimony and Child Support

Financial obligations are the most common targets for a post-judgment divorce modification, but there are other factors to consider. Courts review the motion to determine whether there is:

If you or the other parent experience a job loss, a demotion or a promotion, a significant pay bump, retirement from the work force, suffer a permanent injury leaving you unable to work or similar type life event, changes in custody arrangement, alterations in parenting time, major health issues of a child or additional children to support.   Filing for a New Jersey divorce decree modification quickly can help protect your financial rights before unpaid obligations or disputes escalate. Whether you are modifying alimony in New Jersey or seeking child support adjustments, acting promptly is important. Many successful New Jesey applications are based upon a substantial change in circumstances that affects a party’s financial condition.

Conclusion

Because modifying support based on a change in circumstance is intimately connected to the facts of each individual case, the attorneys at Herbert & Weiss LLP will meet with you and discuss all aspects of the case and your needs to determine the best way to present your request for a modification of support to the court.  If you believe a change in circumstances in New Jersey has affected your ability to comply with an existing court order or the amount of support you are receiving, consulting with an experienced family law attorney can help you determine whether a modification application is appropriate.