Cherry Hill, NJ Parental Relocation Attorneys
The terms of your divorce are essentially a court order: if you fail to comply with them, you can be held in contempt of court. If you fail to pay child support or alimony, you could face the garnishment of your wages or, in extreme cases, the seizure of certain assets. If you refuse to allow your child’s mother or father court-ordered visitation or parenting time, your child custody order could be changed. Likewise, if you decide to move out of state, the court must be convinced you have a good faith reason for relocating and that the move will not harm your child. As such, any change in personal circumstances that prevents you from complying with the terms of your divorce must be brought to the attention of the court through a request for a post-divorce modification.
At the Cherry Hill family law office of Morgenstern & Rochester, we help people prepare and file postdivorce modifications pertaining to child custody, child support and alimony. If illness or job loss prevents you from adhering to the terms of your divorce settlement, contact post divorce modification lawyers at Morgenstern & Rochester today.
Child Support Modifications
When considering requests for a modification in child support the court will consider how best to serve a child’s interests. As a result, even if you are now unemployed and receiving unemployment, the court may still require you to pay child support. In general, a significant change in personal circumstances is needed to modify child support. Here, illness or job loss can convince the court to modify the amount of child support paid; however, job loss or illness alone is not enough to necessarily justify a change in child support.
Here, the court will take into consideration each parent’s financial situation, health and the best interests of a child. In this regard, child support can be increased if the custodial parent suffers a change in circumstances for the same reasons it can change for a noncustodial parent. Additionally, if you have another child from a new relationship or if you begin receiving disability benefits, child support can be modified as well.
Parental Relocations and the Best Interests of a Child
Regardless of whether a custodial or non-custodial parent decides to relocate, the court must first approve of the proposed relocation. Since parents have certain rights, any parental relocation must first involve a post-divorce modification. The court will determine whether or not there is a good faith reason for the proposed relocation. If approved, a change in custody, visitation, or parenting time must be put in place and sanctioned by the court.
Contact Cherry Hill Postdivorce Modification Attorneys
If you are unable to comply with the terms of your divorce, or need additional support due to a change in circumstances, contact Cherry Hill modifications attorneys at Morgenstern & Rochester today.