Apex Post Judgment Modifications Lawyers (2024)

FAQs

Can a divorce decree be changed in NJ? ›

If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.

The docket is set up to handle child custody, parenting time, child support, paternity, spousal support, and medical support. The FM docket is for. Matrimonial Actions. This action is used only by parties that are married.

Whoever wants the change must file papers at the Court, and ask for a hearing or conference. The law says that whoever wants the change has to prove that there are major changes in their money situation that they can't control, and that the changes are going to last for a long time.

Normally nothing can be done if there is a final judgment of divorce. However, an experienced attorney can help persuade the court to reopen the matter under New Jersey Court Rule 4:50(1)(f), which allows for reopening of the case if no other subsection of the statute is satisfied.

In New Jersey, it may be possible to modify the support provisions of an existing Order or Property Settlement Agreement based on a substantial change in circ*mstance, unless you have a non-modifiable divorce Order or Settlement Agreement.

The cases are handled by the Family Division and are referred to as “non-dissolution” matters and are assigned docket numbers that begin with the letters “FD.” Non-dissolution matters are heard by family law judges; however, the cases involve forms and procedures that are very different from divorces.

At the core, post judgment means after a judgment has been entered. In most cases, a divorce, legal separation or nullity judgment is entered by the court after the parties reach an agreement or there is a trial on the merits.

If there is a legitimate basis for requesting a new judge in your matter, your attorney must file a motion with the court requesting that the judge recuse themselves from the matter. This is something you can do without the help of an attorney.

If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.

How do I deny a motion? ›

A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment.

This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...

Common “substantial changes in circ*mstances” may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

Using one state's guidelines, the total basic support obligation is estimated at $794 for one child.

Is Retroactive Child Support Allowed in the State of New Jersey? In the State of New Jersey, no retroactive child support is allowed other than in cases where there is a motion for child support or child support modification that is pending.

Can a Divorce Decree Override a Named Beneficiary? Yes. If the policyholder was married in a community property state and got divorced, the ex spouse may be entitled to some of the death benefit regardless of who is the named beneficiary.

N.J.S.A. 3B:3-14 provides that “divorce automatically revokes a disposition of property made by a divorced individual to his former spouse in a governing instrument, which, by definition, includes an insurance policy.

You have 35 days to respond to the Summons and Divorce Complaint. If you do not respond to the court at all, the court may grant the divorce and order in favor of the Plaintiff.

However, if your spouse has filed a response to the divorce complaint, your spouse must consent to dismiss the divorce action. Both spouses must sign a Stipulation of Dismissal to file with the court to stop the divorce. If the court has granted the divorce petition, you cannot undo the divorce.