Question:

I have joint custody and neither party pays child support per our divorce decree.

I would like to petition for sole custody of my son and have a child support order entered so my ex-wife would pay me.

What is the likelihood of changing terms of our divorce decree, i.e., no child support was awarded but now I would like to receive it if granted full custody?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.

Generally, courts recognize that parties' financial circumstances are fluid and subject to change. Therefore, while your divorce judgment is final, provisions pertaining to child custody, parenting time and child support are subject to change under certain circumstances.  

A party who is seeking to change either a court order or an agreement would have to file a motion with the court demonstrating a substantial change of circumstances since the entry of the divorce decree or agreement that would warrant a transfer of custody. 

You could certainly ask the court to establish child support if custody was transferred provided that you can produce evidence to the court demonstrating a change in circumstances. 

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.