Post-Divorce Issues

Is the level of child support you are receiving no longer sufficient? Are you seeking more parenting time with your child? Do you wish to move out of state with the kids? Are you unable to support yourself with the alimony you were awarded? These are just a couple of examples of issues that may arise after your divorce is made final.

The Courts recognize that the lives of people are constantly changing. Factors such as financial situation, economic climate, the needs of children, illness, etc. can trigger the need to apply for a modification of an agreement. However, the Courts also encourage the finality of agreements and an application for a modification must be properly prepared and presented by an experienced attorney with the necessary skill in order to succeed.

The family law attorneys at Kearns Rotolo Law have the experience to make the correct argument to a court in seeking a modification of a prior agreement or in seeking other relief related to post-divorce issues.

Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, marking his seventeenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]

Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.

"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:

• been a member in good standing of the New Jersey bar for over 5 years
• demonstrated a substantial level of experience in civil trial law
• been favorably evaluated by other attorneys and judges familiar with his or her work
• taken and passed a written examination in civil trial law."

Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.

Children have an ongoing right to enjoy a lifestyle commensurate with their parents' lifestyle even after the divorce.

The level of child support is determined according to New Jersey Child Support Guidelines. If expenses rise or if the paying parent's income has risen, a custodial parent may file for an increase in support. A non-custodial parent can seek a reduction if their income has been reduced through no fault of their own, such as an economic downturn or unemployment.

You can petition to alter custody itself or to change specifics of the day-to-day parenting arrangements. Even if you have a court-approved custody agreement, you can subsequently petition to alter the custody arrangements or visitation scheduled. However, if you are seeking sole custody or want to move toward 50 percent of parenting time, you may have to go through a custody determination process.

If a person can show changed circumstances such as an impairment or inability to support themselves, they may make an application to modify their alimony award.

Please note: Your initial half-hour consultation session is free.