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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 order for permanent alimony to be awarded in New Jersey, the marriage must have lasted at least 10 years and one spouse must have become economically dependent on the other. This type of alimony allows the obligee to maintain the lifestyle to which he or she has become accustomed for the duration of the obligor's lifetime (unless the obligee remarries).
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