Post-Divorce (Post Judgment) Modifications and Enforcements
Post judgment issues can often be more difficult and litigious than the divorce. Enforcement can seem impossible, but our Certified Matrimonial Attorneys have significant experience with these matters.
There can be many types of post judgment applications, some of which include:
- Enforcement (failure to abide by the terms of your Agreement)
- Failure to pay support (alimony or child support)
- Failure to maintain life insurance
- Failure to reimburse
- Failure to disclose information
- Inability to agree on custody and parenting time issues
- Children’s activities
- Children’s expenses
- College, choice of college, contributions, loans, etc.
- Failure to complete obligations set forth in an Agreement
- Division of Retirement Accounts (QDRO’s)
In addition to enforcement, it may be necessary to seek modification of your agreement because you are no longer able to meet your obligations. This may include:
- Loss of employment
- Change of Employment
- Change of Benefits
- Decline in income
- Serious illness or disability
- Significant increase in the recipient spouse’s income
- Failed Business Endeavors
- Cohabitation by the recipient spouse
Before filing a motion (application), it is important that you review your agreement to ensure you are in compliance and to ascertain whether a “mediation first” clause exists.
What is a Motion?
A motion is a formal application/request to the Court in which we ask the Court to grant or deny certain relief. Although it varies by County, family motions are typically filed on Tuesdays and returnable the Friday twenty-four days thereafter, barring any adjournments. As such, there can often be a four-week delay, or longer. When filing a motion, you are required not only to serve the Court, but your adversary, who then has the option of filing either opposition or a Cross Motion. You will then have the “last word” by way of Reply. If your matter has nuanced legal issues, it may be critical to submit a legal brief to the Court in addition to the motion papers.
There are very specific rules that deal with motions (achieving and proving proper service, page limits, dates for submissions, deadlines, etc.) and as such it is essential that you have an attorney assist you to ensure a motion is properly prepared, submitted, and argued. You certainly do not want to risk having your motion dismissed for technical reasons as that may preclude or inhibit your ability to seek relief again in the future.
Given the complexities involved with post judgment applications and issues, we advise you to contact one of Gebhardt & Kiefer’s experienced family law attorneys at 908-735-5161. We handle all family law issues throughout New Jersey.