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Post-Judgment Motions
What is a Post-Judgment Motion?
In these hard times, many PSA agreements, final judgments, or court orders may need to be modified to accommodate the family's needs of the parties and their children. Child support or alimony payments can always be reduced by filing a post-judgment motion. These motions are also referred to as Lepis motions. Moreover, some other types of post-judgment motions may include an adjustment to a parenting time schedule, a request to emancipate a child, or to compel the payment of college expenses. A post-judgment motion is simply an application to the family court to change the terms of a final judgment of divorce or the terms of the property settlement agreement. In most cases a post-judgment motion is filed when one or both parties suffer a change in circumstances that make the prior PSA or judgment of divorce unfair or impossible to comply with. The most common reasons to justify filing a post-judgment motion include the loss of a job, severe illness, relocation or remarriage of the supported spouse, emancipation or entry into college of a child.
What are the most common types of Post-Judgment Motions?
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Post-Judgment Motions
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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