Modifying Custody And Support Orders

Life is constantly changing. Jobs come and go, promotions are obtained, people remarry, and children's needs change as they grow.

At Weinberg & Cooper, LLC, our lawyers can help modify your existing child support, custody and alimony orders to reflect today's life.

Changing Your Child Support Order

Child support can be modified when there is a change in circumstances. The party pursuing a modification must prove the change in circumstances is substantial, permanent and unforeseeable. A judge will then evaluate the parties' financial information, the needs of the child and any other relevant factors and either approve or deny the modification.

Child support is calculated based on the number of children, income and custody arrangements. Increases or decreases in income, and changes to custody and parenting time/visitation are the largest drivers of modifications.

Modifying Custody Agreements

Custody can be modified in one of two ways. The first is by consent. If mom and dad agree the current arrangement needs to be updated — and agree on how to modify it — they can work with attorneys to write up a new plan and file it with the court.

The second way to modify custody is through court proceedings when there has been a significant change in circumstances. Significant changes include relocation to a different city, state or country, a change in work schedule that makes current custody/visitation arrangements impossible, a parent's development of a drug or alcohol addiction, or a child's preference to live with one parent over another. The judge will review the changed circumstances and modify the existing custody order based on what he or she feels is in the best interests of the child.

When Can Alimony Be Adjusted?

Before modifying spousal support, there must be a substantial change in circumstances such as:

  • A significant increase or decrease in the payor's income
  • A change in the recipient's living situation such as cohabiting with a significant other
  • The remarriage of the recipient
  • The recipient obtaining employment or an increase in income
  • The subsequent illness or disability of either party

Call Us For More Information

No matter what your goal — to increase or decrease your child support or alimony payments, or to adjust custody and parenting time/visitation — our attorneys can help. We have 20 years of experience handling complex family law matters, including modifications.

For more information about modifications and to discuss your specific situation in detail, contact our firm. Call 201-580-3934 to schedule a consultation. Located in Bergen County, we serve clients throughout Northern New Jersey.