When can a child support award be modified?

Child support awards may be modified by the court upon a showing of "changed circumstances."  For example, if one of the parties has lost his/her job or has substantially increased his/her income, a modification in the amount awarded may be ordered. Modifications in child support may reflect either an increase or decrease in the amount awarded.

When can an award of alimony be modified?

A party may obtain a modification of an alimony award upon proof that there has been a change in financial circumstances, such as a reduction/increase in salary, an involuntary job loss, a change in the party's health condition, or retirement. The modification of the alimony award may either be an increase or decrease, depending on the facts of the case.

Are prenuptial agreements enforceable in New Jersey?

A prenuptial agreement (also known as a premarital agreement) is a legal document that can be used by a couple to set forth, prior to their marriage, their respective obligations and rights if the parties subsequently divorce. However, prenuptial agreements cannot adversely impact a child's "right to support," including issues relating to child support, custody, or parenting time.

For a prenuptial agreement to be enforceable in New Jersey, it must be voluntarily entered to, be in writing, and have a statement of assets attached to it. Additionally, if it can be shown that a party did not have an opportunity to have the agreement reviewed by counsel of his or her choice or that there was not a full disclosure of the parties' respective assets, debts, and income, the court will determine whether the agreement was unconscionable at the time it was made.

What are the grounds for obtaining an annulment in New Jersey?

In New Jersey, an annulment may be obtained upon proof that: (a) one of the parties could not consent due to mental incapacity, misrepresentation, duress, or fraud; (b) one of the spouses is impotent; (c) one of the parties was under the influence of drugs or alcohol at the time of the marriage; (d) one of the parties was underage at the time of the marriage; (e) one of the parties was already married at the time of the marriage; or (f) the parties were within the degree of relationship (i.e., close relatives) prohibited by law.

If I do not have custody of my child, am I entitled to visitation rights?

In New Jersey, non-custodial parents have the right to visitation and are typically awarded “joint legal custody” so as to assure that their role in their children’s lives is significant and meaningful, typically including a significant amount of parenting time (visitation).   State courts have noted that, absent proof of wrongdoing or unfitness, a non-custodial parent has a compelling interest in having visitation rights with his or her child. Supervised visitation may only be ordered when the circumstances of the case make it potentially dangerous for the child to visit with the non-custodial parent without the presence of supervision.  Supervised visitation may also be ordered when there is an unusually poor relationship between the non-custodial parent and the child and the presence of the custodial parent during the visitation could be counter-productive.