Modification

The division of assets and debts in a divorce judgment is final, but all child-related issues remain modifiable upon a showing of a material change of circumstances. If alimony or the waiver of alimony “merges” in the Judgment, it is also modifiable.

Some of the most common reasons for a person to file a Complaint for Modification are:

  • To increase or decrease child support or alimony due to changes in incomes,
  • The emancipation of a child when the obligor seeks to terminate child support,
  • To establish a fair balance of child support and contributions to college costs,
  • The retirement of a spouse, who seeks to reduce or terminate his obligation to pay alimony.

Unlike the initial action, whether it be divorce or paternity, temporary orders are not issued in a modification unless it is considered an “emergency.” The most common case in which the court will consider the situation an emergency and issue a temporary order on a Complaint for Modification is when a person loses his or her job and requests an immediate reduction in support. Otherwise, most people seeking a modification must either settle the case or go to trial without any short-term relief.