- 45 Essex St, Hackensack, NJ 07601
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- attorney@attorneyrobertdavies.com
Life after divorce keeps changing. A custody arrangement that worked two years ago may not work today. A child support amount that was fair when your income was stable might need adjusting after a job loss. Alimony that made sense when it was ordered may no longer reflect reality. Court orders can be modified when your circumstances genuinely change — and The Davies Law Firm can help you do it right. We handle modification cases throughout Rochelle Park and Bergen County, representing clients who need changes and clients defending against unjustified modification attempts. Free consultations available. Se habla español.
In New Jersey family law, the most commonly modified orders involve three areas:
Modifications aren’t guaranteed — you have to show the court that something meaningful has actually changed since the original order was entered. Filing a motion without meeting that threshold is a waste of time and money.
This phrase comes up constantly in modification cases. ‘Substantial change in circumstances’ is the legal threshold you have to clear before a court will consider modifying an existing order. It’s not a precise formula — it depends on the type of order and the degree of the change.
For child support, common qualifying changes include:
For custody, the bar is often higher. Courts are careful not to let custody orders become a revolving door of litigation. You generally need to show that something has materially changed and that the change actually affects the child’s welfare — not just that you’d prefer a different arrangement.
We look at your specific situation honestly and tell you whether you meet the threshold before you file anything.
The process begins with a motion filed in Bergen County Family Court. That motion needs to document the change in circumstances with specific facts and concrete evidence — not just a general claim that things are different now.
For income-based modifications, that means financial documentation: pay stubs, tax returns, termination letters, business records. For custody modifications, it might mean documenting changes in a parent’s living situation, work schedule, or behavior — and explaining exactly how those changes affect the children.
We build modification motions that are specific, well-supported, and hard to dismiss. A vague motion is easy to oppose and easy for the court to deny.
Not every modification request is legitimate. Sometimes a former spouse files for a reduction in child support even though their income hasn’t actually dropped. Sometimes one parent seeks a custody change for reasons that have more to do with leverage than the children’s best interests.
If you’ve been served with a modification motion, don’t ignore it. You have the right to oppose it, and the time to respond is limited. We analyze what the other party is claiming, identify weaknesses in their arguments, and present the evidence needed to defend the existing order.
Acting quickly matters here. Modification motions have response deadlines, and delays can hurt your position.
Alimony modification is its own complex area, particularly following New Jersey’s significant 2014 reform. Under current NJ law, open durational alimony can be modified or terminated when:
Cohabitation cases require careful documentation. You need to show that the supported spouse is living with someone in a relationship that resembles a marriage — shared finances, shared household, regular companionship. We’ve handled many of these cases and know what evidence courts look for.
If your alimony order predates 2014, it’s still subject to modification — but the standards and procedures can be more complex. We’re current on both the old and new frameworks.
Custody modifications are among the most sensitive cases we handle, because the stakes are so personal. When a parent seeks a change in custody, Bergen County Family Court evaluates whether there’s been a genuine, significant change in circumstances and whether the proposed modification actually serves the child’s best interests.
Common reasons courts grant custody modifications include significant changes in a parent’s work schedule, a move that affects the parenting plan, a parent’s remarriage and its effect on the children, or documented concerns about a child’s safety or wellbeing in one household.
We approach custody modifications with the same preparation and thoroughness as the original divorce — because the outcome matters just as much.
There’s no simple formula. Courts look at the degree of change and how it affects the relevant order. We can evaluate your specific situation and give you an honest answer before you file anything — so you’re not spending money on a motion that doesn’t have a realistic chance.
No. You can file a motion and let the court decide. If your ex opposes it, there’s a hearing and the judge makes a determination based on the evidence. Agreement makes the process faster and less expensive, but it’s not required.
Uncontested modifications where both parties agree can often be finalized in 30-60 days. Contested modifications requiring a full hearing can take several months, depending on the court’s schedule and the complexity of the issues.
You can petition to modify or terminate alimony based on cohabitation, but you cannot simply stop paying without a court order. Doing so puts you at risk of contempt proceedings and arrears. Go through the proper process — we’ll help you do it right.
Interstate custody cases involve jurisdictional questions that need to be sorted out first. These situations are complex but very manageable. Contact us and we’ll assess the jurisdictional issues and your options.
Courts generally don’t want to see modification filings close on the heels of the original order. You’ll typically need to show something unexpected happened after the order — not simply that you disagree with the original outcome.
Call The Davies Law Firm for a free consultation. We handle modification cases throughout Rochelle Park and Bergen County, NJ. Se habla español.
THE DAVIES LAW FIRM, P.A.
Robert F. Davies, Esq.
