Post-Judgment Family Lawyers in Chester

Is your divorce over when you are divorced? Not necessarily. There are many issues that can arise after your divorce.

A judgment is the court’s final ruling in a divorce case or other types of family law cases. Although it is considered final, it is not necessarily permanent. It is possible for a spouse to appeal the judgment or file a motion to modify or enforce the original order. An appeal generally must be filed with the Appellate Division within 45 days of the final judgment (R. 2:4-1). A motion to modify or enforce can be filed years after the divorce is final.

What Is Post-Judgment?

Sometimes these issues arise a few years after the divorce. For example, you might be wondering how you are going to pay for your child’s college. Sometimes they arise decades after the divorce, and you might wonder whether alimony will continue if the payor is retiring. In some cases, post-judgment action is needed immediately when a spouse neglects to follow through with the judgment of divorce.

In all these cases, a New Jersey family law attorney is needed to protect your interests and ensure that court orders are followed.

Post-judgment matters refer to any legal actions or motions filed after the court has issued its final judgment in a family law case. These actions are necessary when circumstances change or when one party fails to comply with the terms set forth in the original judgment. Because family dynamics and financial situations can evolve over time, the law provides mechanisms to address these changes through post-judgment motions.

For example, a parent may seek to modify child custody arrangements if there has been a significant change in living situations or work schedules. Similarly, adjustments to child support or spousal support payments may be warranted if there is a substantial change in income or financial need. Enforcement actions may also be required if one party is not abiding by the court’s orders, such as failing to make support payments or not transferring property as agreed.

Post-judgment motions are filed in the Superior Court of New Jersey, Chancery Division, Family Part, which keeps jurisdiction over the case after the judgment is entered. The person asking for a change must show the court that there has been a substantial change in circumstances, or that enforcement is necessary to uphold the judgment. For support, the New Jersey Supreme Court held in Lepis v. Lepis, 83 N.J. 139 (1980) that the moving party must first make a prima facie showing of changed circumstances. Only then will the court order financial discovery or a hearing. For custody, the parent seeking a change must show changed circumstances that affect the child’s welfare. The court then decides what arrangement serves the child’s best interests (Hand v. Hand, 391 N.J. Super. 102 (App. Div. 2007)).

Navigating post-judgment matters can be complex and often requires the expertise of a skilled family law attorney. An attorney can help you gather necessary evidence, prepare legal documents, and represent your interests during hearings. Timely and effective legal action is crucial to protect your rights and ensure that the judgment is properly enforced or modified as needed.

Understanding what post-judgment means and how it can affect your family law case is essential for anyone dealing with ongoing issues after a divorce or custody proceeding. With the right legal support, you can address changes in your circumstances confidently and secure the outcomes you need for yourself and your family.

When Can I Modify a Custody or Support Order?

You can ask the court to modify a custody or support order when your circumstances have changed in a substantial and continuing way since the judgment was entered. A job loss, relocation, retirement, remarriage, or a change in the children’s needs are common examples. Post-judgment issues can involve:

• Custody: People move or change jobs and sometimes the existing custody arrangement just won’t work anymore. New parenting schedules and custodial agreements may need to be renegotiated, or motions may need to be filed in court to adjust these terms for the benefit of the children. When the parents are in constant conflict, see our guidance on high-conflict custody cases.
• Child Support: When parenting time changes or one parent is no longer spending time with the children as agreed, that may be a reason to redo child support. Similarly, a parent’s new job or lack of employment may force the child support amount to change. New Jersey law generally does not allow child support to be changed retroactively to before the date the motion was filed (N.J.S.A. 2A:17-56.23a), so it is important to act promptly. Payment records are available through the New Jersey Child Support program.
• Children’s Educational Expenses: Paying for college and other educational needs often becomes an issue years after the divorce. New Jersey courts weigh the factors set out in Newburgh v. Arrigo, 88 N.J. 529 (1982) when deciding whether, and how much, each parent should contribute.
• Spousal Support: Retirement, job change, cohabitation, and remarriage are all examples of events that could trigger an adjustment or end to spousal support. Retirement and cohabitation are addressed in N.J.S.A. 2A:34-23, and alimony generally ends when the recipient remarries (N.J.S.A. 2A:34-25). Your attorney can help you fight for or against this.
• Division of Assets: If the transfer of certain assets was included in your judgment of divorce and those assets are not being transferred in a timely manner, you may need to file a motion with the court to enforce the equitable distribution terms.
• Enforcement of Orders: The details in your judgment of divorce must be followed. When they are not, the other party has the right to ask the judge to enforce those orders under court rules such as R. 1:10-3 and R. 5:3-7. You should hire an attorney to assist you with this whether you need an order enforced or are not following through with the order.

Whatever changing circumstances have come your way, we are here for you. At Edens Law Group, we address these issues by offering legal representation for post-judgment matters in every county in New Jersey. That includes clients near our Chester office in Morris County and throughout Somerset County.

How to Start a Post-Judgment Motion

Starting a post-judgment motion involves several important steps to ensure your case is properly presented and given due consideration by the court.

First, it is crucial to clearly identify the specific issue you want the court to address, whether it is related to child custody, child support, spousal support, enforcement of court orders, or division of assets. The motion is filed with the Family Part, which retains jurisdiction over post-judgment matters.

The moving party (the person requesting the change or enforcement) must draft a written motion that outlines the reasons for the request. It must be supported by evidence showing a substantial change in circumstances or non-compliance with the court order. This motion should include relevant documentation such as financial records, proof of payments or missed payments, or any other evidence that supports your claim. In support matters, an updated Case Information Statement and the prior one are typically required.

After filing the motion, the moving party must serve the other party with a copy of the motion and notice of the return date. This ensures the other party is informed and has an opportunity to respond. The other party may file opposition or a cross-motion, presenting their side of the case.

If the court finds that a prima facie showing of changed circumstances has been made, it may order discovery, such as updated financial disclosures, before deciding the motion. Many custody and parenting time disputes are also referred to mediation, which can resolve the issue without a contested hearing.

The court will review the motion, responses, and evidence presented, and may decide the motion on the papers, hear oral argument, or schedule a plenary hearing. The judge will then determine whether to grant the motion, modify the judgment, or enforce the original order. If the motion is granted, the court will issue a new order. In enforcement matters, it may also impose remedies to compel compliance.

It is highly advisable to work with an experienced family law attorney throughout this process. An attorney can help you prepare your motion, navigate court rules, respond to opposition, and ultimately prove that your requested modifications or enforcement actions are justified. This professional guidance increases the likelihood of a favorable outcome and protects your rights, whether you are asking for a change or responding to one.

Talk to a Post-Judgment Lawyer in Chester

If you are considering starting a post-judgment motion, contact us to discuss your case and receive personalized legal advice tailored to your unique circumstances.

Our family lawyers take the time to understand your unique needs before developing a legal strategy tailored to your situation. Whether you are seeking a change in child support or a modification to your custody order, we can help. Contact us for a free hour-long strategy session. Just call 908-529-0353.