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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?
In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.
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