Legal Question in Family Law in New Jersey
change of circumstance
In Nj what is a valid change of circumstance? We have 3 children in our household and my husband has 2 other from a previous marriage. He tried to change his divorce agreement so all children would receive equal benefits if he died before the children were 18. The judge stated this was not a valid reason for a modification. That having 3 additional children 2 are twins is a reason to change the divorce which was 8 years ago. How could 2 children from a previous marriage be worth more than the 3 children that reside with him in our home? With children shouldn't everything be equal? how can a judge say that those children deserve more than mine? The divorce states that it can be modified if there was a change of circumstance. I do feel this qualified for one.
2 Answers from Attorneys
Re: change of circumstance
It seems to me that the children by his subsequent marriage have the right
to bring some sort of action to compel the modification of the limitation on your husband's benefits.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: change of circumstance
What exactly is a CoC is difficult. However, you have a great point here. Was this done with an attorney? If it wasn't, I suggest you get one. If it was, file an appeal.