- 45 Essex St, Hackensack, NJ 07601
- (201) 820-3460
- attorney@attorneyrobertdavies.com
Your divorce decree or family court order modification lawyer Rochelle Park NJ was written at a specific point in time. But life doesn't stand still. Jobs change. Incomes rise or fall. Children grow up. People relocate. Health situations shift. When the circumstances that existed when your order was issued no longer reflect reality, you have the right to ask the court to change it. That's what a modification is. At The Davies Law Firm, attorney Robert Davies has helped clients across Bergen County modify custody orders, child support amounts, alimony payments, and parenting time schedules for over 40 years. He knows what the court requires and how to present your case effectively.
New Jersey courts will consider modifying a family court order when there has been a “changed circumstance.” This means something significant has changed since the original order was issued.
Examples of changed circumstances include: a substantial increase or decrease in either parent’s income, a job loss or career change, a child’s changing needs such as medical issues or educational requirements, a parent wanting to relocate to another state, changes in the parenting schedule or living arrangements, retirement of the paying spouse in an alimony case, and cohabitation of the receiving spouse in an alimony case.
The key word is “significant.” Small or temporary changes usually aren’t enough. The court wants to see that the change is real, substantial, and ongoing.
We handle every type of family court modification in Bergen County:
Custody arrangements that worked when your children were toddlers may not work when they’re teenagers. If there’s been a change in circumstances, such as a parent’s relocation, a change in work schedule, or concerns about a child’s wellbeing, we can petition the court to modify the custody order. The court always focuses on what’s in the best interest of the child.
Child support can be modified when either parent’s financial situation changes significantly. This includes job loss, promotion, disability, or changes in the child’s needs. We handle both requests to increase support and requests to decrease it. Our child support services cover the full range of child support issues from establishment through enforcement and modification.
Alimony orders can be modified based on changes like job loss, retirement, cohabitation of the receiving spouse, or a significant change in income. New Jersey’s alimony reform law (2014) created specific rules about when and how alimony can be changed. Attorney Davies stays current on these laws and knows how to apply them to your case. For more on alimony issues, see our alimony and spousal support page.
Even if custody stays the same, the parenting time schedule can be adjusted. As children get older, their activities and needs change. A parent’s work schedule may shift. These changes can justify modifying the parenting time arrangement to better serve the family.
If a custodial parent wants to move out of state or a significant distance away, they need court permission. These cases are complex because the court must balance the moving parent’s rights with the other parent’s relationship with the child. We represent both parents seeking to relocate and parents opposing relocation.
Filing for a modification starts with a motion to the court. The motion explains what has changed and why the existing order should be updated.
The other party gets a chance to respond. In some cases, the court schedules a hearing where both sides present evidence. In other cases, the judge decides based on the written submissions.
For more complex modifications, such as custody changes or contested relocation requests, the court may order mediation, appoint a guardian ad litem, or schedule a full evidentiary hearing.
The process can take a few weeks for straightforward modifications or several months for contested ones. Attorney Davies helps you understand the timeline for your specific situation.
Modification cases can be tricky. The burden is on the person filing to prove that circumstances have changed enough to justify a new order. That requires more than just telling the judge things are different.
Attorney Robert Davies has over 40 years of experience presenting modification cases in Bergen County Family Court. He knows what evidence the court expects, how to document changed circumstances, and how to frame your request for the best possible outcome.
As a small, personal practice, we give every modification case the attention it deserves. Robert Davies works on your case directly. You’re never treated as just another file.
If your modification involves a contested divorce or other complex dispute, we have the litigation experience to handle that too.
Se habla español. Free consultations available.
The Davies Law Firm handles court order modifications for clients in Rochelle Park, Hackensack, Paramus, Ridgewood, Oradell, Bergenfield, Dumont, River Vale, Haworth, Westwood, New Milford, and the Township of Washington.
As your Bergen County divorce attorney, Robert Davies ensures that any modification to your family court orders is handled with the same level of skill and attention as the original case.
You file a motion with the court that issued the original order, explaining the changed circumstances and what modification you’re requesting. The other party is served and has a chance to respond. Attorney Davies handles the entire filing process for you.
Significant changes like job loss, substantial income increase or decrease, relocation, a child’s new medical or educational needs, retirement, or cohabitation of a former spouse can all qualify. The change must be real, ongoing, and not something you caused intentionally.
Your ex can oppose it, but they can’t block you from filing. The court will consider both sides and make a decision based on the evidence. Having a strong case with proper documentation is essential.
Simple modifications can be resolved in a few weeks. Contested ones, especially those involving custody or relocation, can take several months. Attorney Davies gives you a realistic timeline based on your specific circumstances.
In some cases, if both parties agree to the modification, you can submit a consent order to the court for approval. This avoids a hearing. If you can’t agree, a court hearing is necessary.
There’s no specific deadline, but you should file when circumstances change, not months or years later. Courts want to see that you acted promptly when the change occurred. Delaying can hurt your case.
If your family court order no longer fits your life, you have options. Call The Davies Law Firm at (201) 500-1660 for a free consultation. Attorney Robert Davies will review your situation and help you determine if a modification is the right move for you and your family.
THE DAVIES LAW FIRM, P.A.
Robert F. Davies, Esq.
