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Post Judgment Motion Lawyer in Morris County

After a divorce is final, there are specific requirements that are ordered by the court. The individuals under these orders must adhere to the orders, and these include matters involving child custody, parenting time, paying child support and spousal support as ordered and on time, as well as other issues. Circumstances can change regarding employment, a new marriage, or the needs of children can be change as they get older, such as the need to pay for college, or they could face medical problems that must be addressed. In any case in which child custody or support, visitation or spousal support must be changed, either higher or lower, this matter must be brought to the court for a decision in a post judgment motion. A Morris County divorce lawyer from our firm can help you with any of these issues, as well as in enforcements of court orders.

Both former spouses are sometimes able to agree on the changes. They may both recognize that a change has taken place and that it is fitting for a correlating adjustment to also be made to the original terms of divorce. In these cases the matter can be drafted and presented to the court to approve. Many times this is not the case and both individuals disagree on whether or a not a change should be made. This will fall to the court to decide after they have reviewed the case and the reasons that the change is being requested.

Filing a Motion

Either of the two individuals can seek for the alteration to be made, and it can pertain to the following areas:

  • Raise or reduce child support
  • Raise or reduce spousal support
  • Change child custody order
  • Change visitation arrangement
  • Emancipating a child
  • Reimbursing the cost of medical expenses
  • Enforcing orders

A cross motion can also be filed on top of the opposition for the originally filed motion and it can make a request to the court. A motion will be filed in the local county court house with the Family Court Clerk. Papers for a motion will need to be filed and served to a former spouse at a minimum of 24 days prior to a court date. If a motion is being mailed, it will need to be sent 27 calendar days before the date. The time and place of when the motion may be presented to the court will need to be given to the other party and this information can be found on the Notice of Motion. A Notice of Motion will state the request that is being made and since the judge often goes through a number of these, it is beneficial to your cause to make our notice as comprehensible as possible.

Changing a Preexisting Court Order

The court is hesitant to change an existing order unless there is compelling reason to do so. A decrease in wages must be significant in order for the child support payments to be reduced. The most common situations that could require the filing of a post judgment motion include job loss, serious illnesses, a remarriage, or involve the relocation of one parent. These issues must be approved by the court. If you fail to get the court's approval for any change in these matters, you could actually risk serious legal trouble, even if initially the other parent has agreed to a change. The court expects that the individuals involved will adhere to the agreements in the divorce, and if they fail to do so, it could lead to real legal difficulties. Never make agreements about changes without going through the court to protect yourself.

At our firm, Law Offices of Francesca S. Blanco, LLC, we have extensive experience in filing post judgment motions of all types on behalf of our clients. The professionalism with which the filing is presented to the court can make a great difference with regard to the decision on your motion. We are very experience and proficient in presenting a compelling case on behalf of our clients, and we can help you too.

Contact a Morris County divorce lawyer for information about post judgment motions regarding child support, child custody, visitation, spousal support, relocation or other matter.

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