This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Jersey Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult
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FAQ
Reduce Alimony: The Burden of Proof In the State of New Jersey, if you wish to modify or reduce alimony payments, you will need to prove that you have experienced a substantial financial change in circumstances that renders you unable to continue making your alimony payments as presently required.
You and your spouse can amend your MSA after it is filed with the court if you both agree that a change is appropriate. In this case, you may consider attending mediation before either of you files a modification request in court. If one of you disagrees, the other can file a motion in court asking for a modification.
Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.
You will need to file a motion asking the court to grant your request for a modification. To that you'll need to attach a copy of the court order you want to change, a copy of a prior and current case information statement or statements, supporting affidavits (sworn statements) and briefs (legal arguments).
If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
New Jersey courts will only modify alimony previously agreed upon in limited circumstances. If you are the person requesting the modification, you'll have the burden of proving a significant change in circumstances and showing why the decrease or increase in payments is necessary.
The only way to reopen a divorce case in New Jersey is if one of the parties to a divorce presents strong evidence of proper grounds for reopening a matter.
Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.