Nothing Ever Stays the Same – Support Modifications Edition

There’s a “vintage” country song from the 1990s, by a songbird named Patty Loveless, called, “How Can I Help You Say Goodbye?” There’s a particular line that always resonates with me, “Life's about changing nothing ever stays the same.” These lyrics make me think about support modifications in the area of family law.

People move. People change careers. People are fired or otherwise find themselves at a new job. Some people remarry or cohabitate with a new partner. Still, others may befall a worse fate like a health crisis, and are deemed unfit to work. Maybe there’s a change in custody from one parent to the other or a more egalitarian shift in parenting time. All of these scenarios may seriously impact one’s ability or obligation to pay spousal or child support.

The NJ Department of Human Services has a helpful website, and they’ve posted instructions and forms to help anyone desiring to file pro se. But as we’ve mentioned time and again, the law can be quite nuanced. It’s a common misconception that the law only deals in black and white, but nothing could be further from the truth. Laws are open to interpretation, by law enforcement and then by the prosecution, and judge and jury. And even then, there may be an appeal.

In civil law, particularly family law, support modifications are quite common because “life’s about changing nothing ever stays the same.” In New Jersey, modifications may be reviewed once every three years. More frequent changes require proof of a change in circumstances to one of the parties or their subject child(ren).

Alimony (or spousal support) is also subject to modification, pending circumstances. New Jersey Courts have an informational packet available with instructions and forms for post-judgment modifications. Post-judgement refers to any further actions that occur after a divorce has been finalized – a “judgment of divorce” is issued at the conclusion of the proceedings.

If you or your ex-spouse/co-parent are facing life changes, contact us today to discuss your case and see how we can help you.