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The most common reason people go back to court for modifications are for enforcement of the agreement or issues that involve their children. The court always wants to make sure that the best interests of the children are being served and if, for any reason, they are not, then the parents can come back. For example, it could be that the child wants to go to private school and one parent doesn’t wish to pay for it or one parent is not taking advantage of their parenting time, for example.
Anything in the divorce agreement or judgment legally has to be followed. If a party does not follow through, they are held to the standard of a court-ordered contract and can be forced to follow the agreement. Oftentimes, this involves inflicting penalties, sanctions, or attorney’s fees against the party who is not cooperating. The other reason people seek post-divorce action deals with children. The court always wants parties to act in the best interests of their children. If for any reason, they are not, then the court will step in.
It’s extremely rare that the court would modify a divorce decree after it has been finalized. The court takes great efforts in pointing out that it is a final agreement and that issues that are not decided on the day of the divorce are waived forever. There are certain circumstances, especially in the case of fraud, where you might go back into court and ask that the decree be set aside. If a party has not been made aware of certain assets that were hidden from them when they were told that there was full disclosure, you would be entitled to come back to court to prove there was fraud or ask for additional discovery. Overall, it is extremely difficult to change a divorce decree after it has been finalized.
It is really difficult to modify a divorce decree regarding anything except children. In order to modify the decree for terms of money would mean that you would have to demonstrate a significant change in circumstances or show fraud. If something occurs and your child’s best interests are not being served, you can approach the court and ask that the decree be modified, so that those children are being served. Generally speaking, you have to have evidence to demonstrate what is in the best interest of the child in order to modify the agreement. Amongst the adults, you really can’t come back in to change things dealing with the support issues or the division of assets.
Cases are usually assigned to judges by the last number of your docket number. Since courts shuffle the docket numbers amongst the judges, there is a fair chance that during the course of your case you may have more than one judge. Courts also shuffle the judges amongst the various divisions of the courthouse and move them from county to county, and judges retire. Thus there is no assurance the judge that heard the divorce will hear the post-judgment application.
For more information on Post-Divorce Modification In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 208-3650 today.