Update from the Court, Modifying a Marital Settlement Agreement

Hudson County Divorce Lawyer Santo Artusa and his team represents people during divorce cases and after divorce cases have been settled or tried if some family law issues still remain or new issues arise. Sometimes when a marital or property settlement is made, mistakes are made, people may have felt forced, or changes have occurred since the time the settlement was entered. Over time, the settlement agreement may need to be changed in family court.Call us today on 201-706-7910.

NEW JERSEY DIVORCE LAWYERS
NEW JERSEY DIVORCE LAWYERS

A recent case we had in the Hudson County Family Court in Jersey City, New Jersey brought by our firm by way of post-divorce motion seeking to modify the marital settlement agreement and seeking to enforce other aspects of the marital settlement agreement in which our client’s former spouse refused to permit parenting time over and over again. We were able to show the court that a significant change in circumstances warranted the need to modify the agreement. In the case, dad moved out of state and as time went on, he could no longer exercise his monthly parenting time in New Jersey but mom refused to cooperate to permit the monthly parenting out of state and blocked key parenting times during Christmas and other holidays. Completely unacceptable to any parent.

The court agreed that because dad was no longer able to have visits here (except in a hotel), that the monthly visits will occur out of state and found that mom violated key provisions of the agreement and was ordered to pay counsel fees and was warned that if she would return to court blocking parenting time that she would also be sanctioned.  Additionally, dad was also awarded 9 weeks of summer time parenting time in his new state. In the end, it was a great day for fathers who seek to have as much parenting time as possible and a great day showing that marital settlement agreements can be modified when necessary.

The Artusa Law Firm is skilled in matrimonial and post divorce applications in New Jersey. We can help you determine if a motion or application is ripe or if you will be wasting your time by failing a claim. If you have been served with papers by your former spouse and need representation in family court, we can help you with that as well. Our office is located in the Capital One Building, 35 Journal Square, 8th Floor, Suite 825, Jersey City, New Jersey 07306. Our office line is 201-706-7910.

For information about all of our areas of practice visit: JERSEY CITY DIVORCE LAWYER.

 

Common Sense- Shared Parenting Does Not Work When Parents Live Far From Each Other

Some people will do anything to get back at their spouse, some people will do anything to pay little to no child support including an unrealistic shared parenting plan. Shared parenting is geared for people with young children and/or who live near each other. However, many people do not think how going from one house one day to another the house the next day and back and forth leads to further confusion and tension for the child. Children need stability and rules. When children are shuffled from one home to the next, who sets the rules? What is the homework or school project routine? How do they build friendships in their neighborhood if they are always running from one parent’s home to the next?

Recently we had a case where the mother lived in Jersey City and the father lived in Weehawken. The father refused to allow the kids who were getting older to live in one home consistently and even tried to register the children in his school district despite the mother being the primary custodial parent. When we argued in court, the Judge ruled in our favor that while the parents live in the same county, it can easily take one hour to get to and from Jersey City to Weehawken and that the distance was not conducive for the children’s well-bring for a shared parenting plan and that of course, the children should attend school close to the primary parent’s home.