Spousal Support Modifications in New Jersey

When life circumstances change, a modification of a spousal support agreement may also be in order. The family courts understand people may experience an increase or decrease in income. The process can be quite complicated and overwhelming, so be sure to solicit the help and advice of experienced Cherry Hill alimony lawyers.

To modify the terms of your alimony arrangement, you must show a “substantial change of circumstance.” Alimony is initially awarded to help each party maintain the standard of living enjoyed during the marriage.

Spousal support may be decreased when:

  • The supporting spouse loses his or her job
  • The supporting spouse becomes disabled
  • The supporting spouse retires
  • The cost of living has increased for the supporting spouse
  • The non-supporting spouse re-marries or begins cohabiting with another adult

Spousal support may be increased when:

  • The non-supporting spouse loses his or her job
  • The non-supporting spouse retires or becomes disabled
  • The cost of living has increased for the non-supporting spouse

The rules for modification in New Jersey are not hard and fast — the application of a divorce decree modification is dependent on the specific circumstances and facts at hand. To begin the process, file a motion with the assistance of your spousal support lawyer. You must file a post-judgment application requesting the modification of a support obligation. If the court finds that the petitioner has presented sufficient evidence to show a change of circumstances, the court schedules a plenary hearing before rendering a final decision. You will most likely be required to present such financial documents as bank statements, tax returns, pay stubs and credit card statements.

For all your divorce and family law needs, turn to the law firm of Forkin, McShane, Manos & Rotz, P.A. Our aggressive and compassionate attorneys work diligently to ensure your best interests remain protected.

I am a Victim of Domestic Violence. What Should I Do?

No one should feel trapped in a relationship that is abusive. If your spouse or partner physically, sexually, mentally or emotionally abuses you, there are ways out. Help is available. If you feel trapped in an abusive marriage, dating relationship or relationship with the mother or father of your child, be certain to contact Cherry Hill domestic violence lawyers. You have rights under the federal Violence Against Women Act (VAWA), in addition to state statutes protecting domestic violence victims of both sexes.

If you are the victim of domestic violence, there are a number of resources offering assistance. You can contact the National Domestic Violence Hotline to find local resources in your area. If you fear your Internet usage is being monitored, use a public computer, such as in a library. Here are some other tips to help safely remove yourself from a violent situation:

  • Leave the home. If you are living with your abuser, seek refuge in a safe place. If you don’t have friends or family close by, contact a local women’s or men’s shelter. In many cases, it is smart not to tell your abuser where you are going.
  • Call the police. Be certain to file a complaint with the police, especially if the violence is physical or sexual. You may want to secure a restraining order with the assistance of your Cherry Hill domestic violence attorneys. The police can also help you and your children leave the home safely.
  • Seek medical attention. Be certain to treat cuts, bruises, broken bones and all medical issues. Get tested for sexually transmitted diseases (STDs).
  • Keep evidence. Take pictures of your wounds. Keep all your medical records. Collect police reports when necessary.
  • Get support. Don’t be ashamed to reach out to friends and family for help. Speak with a counselor and attend support groups. Just remember, you are not alone.

The law firm of Forkin, McShane, Manos & Rotz, P.A. understands domestic violence issues are particularly sensitive and frightening situations. We handle domestic violence matters with the utmost compassion and discretion to protect you and your family.

Challenging a Premarital Agreement

Many couples decide to draft and sign a premarital agreement to protect themselves in case a marriage turns sour. Prenuptial arrangements help divide the couple’s property and assets during a divorce, avoiding costly and emotionally trying divorce disputes. However, in some rare instances, the validity of a premarital agreement may need to be challenged — or one party may unjustly challenge the document, causing difficulty and strife for the other party. Speak with your team of premarital agreement lawyers in Cherry Hill to learn about challenging prenuptial arrangements.

Parties dispute the validity of a prenuptial arrangement for a variety of reasons. The challenging party must show concrete evidence that the document should not be enforced. Specific situations in which a prenuptial agreement might not be enforced include one or more of the following:

  • The challenging party did not enter into the agreement voluntarily
  • The challenging party did not have the agreement reviewed by an attorney of his or her choice
  • The non-challenging party failed to disclose all of her or her assets, income and liabilities

Another reason a judge will refuse to enforce a prenuptial agreement is if the document is found to be “unconscionable.” Reasons a premarital arrangement would be deemed unconscionable include:

  • The challenging party is left without a reasonable means of support
  • The challenging party’s standard of living will drop dramatically
  • The challenging party becomes a public charge

To avoid problems down the road with a prenuptial agreement, be certain to have experienced premarital agreement attorneys in Cherry Hill on your side. Make certain your lawyer is thorough and precise when drafting the initial arrangement.

At the law firm of Forkin, McShane, Manos & Rotz, P.A., we understand the stress and frustration involved in divorce. We help uphold our clients’ rights and ensure the best possible outcome for your unique circumstance.