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Postjudgment Divorce - Enforcement Motions for a Matrimonial Settlement Agreement or Property Settlement Agreement for Alimony, Child Support or Custody

Aug 25, 2015 @ 06:25 PM — by Michael Green

Often after a divorce, one party or the other does not follow the agreement between the parties, the Matrimonial Settlement Agreement or Property Settlement Agreement.   A term for alimony or child support or parenting time may not be followed.  Often a party may not pay the alimony that they have been court ordered to pay for a variety of reasons.  It is up to the other party, if the alimony had not been court ordered to be paid through the Probation Department, State Disbursement Unit, to file a motion to enforce litigant's rights, a motion requesting that the court order the party to pay up the arrears and/or to also have it paid through the Probation Department going forward.  If the party had been paying through the Probation Department, the arrears payments can be increased or the party may have a warrant issue for their arrest or their driver's license suspended.  Enforcement mechanisms for alimony or child support are frequently ordered by the court or Probation for those that are in excess of $1,000 in arrears.  In addition, tax refunds may be taken by those that are in arrears with Probation as well.  

If you have a postjudgment motion issue to enforce the terms of your Matrimonial Settlement Agreement or Property Settlement Agreement, please call Green & Asssociates in our East Brunswick office at 732-390-0480 or in our Fort Lee office at 201-242-1119 for a free consultation.  Night appointments are also available.


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