Modifying Existing Orders or Agreements Post-Divorce
In New Jersey, it may be possible to modify the support provisions of an existing Order or Property Settlement Agreement based on a substantial change in circumstance, unless you have a non-modifiable divorce Order or Settlement Agreement. There are a number of indicators under New Jersey law as to whether there’s a true change in circumstance.
If you are the party who has the changed circumstances, it’s your burden for articulating and documenting your change in circumstances. For example, if you lost your job, you must present documents proving you involuntarily lost your job and have diligently tried to get a new job. A judge will then make a decision whether there has been a substantial change in circumstance and if so, what impact that change has on the current order.
If one party feels that the divorce settlement is unfair but there’s no change in circumstances, there’s very little that can be done. Unless there is a substantial change in the circumstances from that which existed when the settlement was reached, the court will not change the support provisions of the divorce settlement agreement or divorce decree or judgment.