Presenting Evidence in a Postjudgment Divorce Plenary Hearing. Very often today, Judges are ordering plenary hearings for a variety of prejudgment and postjudgment divorce motions that are filed, examples include motions for a change in custody, child support modification, alimony modification, relocation motions, college expenses and college tuition motions. For all of these motions, the parties have to present evidence in a mini-trial, a plenary hearing to the Judge, and they testify and may have witnesses testify. Your evidence must be marked as exhibits generally prior to the plenary hearing so it may be presented to the witnesses in their testimony and the evidence may be submitted to the court to use to render its decision. It is very important that your evidence supports your claims and easy for the Judge to understand. Generally, bank statements, income statements, tax returns are significant in motions that must show a substantial change in economic circumstances such that a party cannot pay what they did pay in alimony or child support. If a party is trying to show that the other party is cohabitating, they must generally present a report by an investigator that shows there was cohabitation. Child custody cases generally require a report by an expert as to the best interest of the children regarding where custody should lie. If you have a prejudgment or postjudgment motion that you wish to discuss, please call us at 732-390-0480 or 201-242-1119 for a free consultation. We offer flat fees for certain motion practice services and we encourage you to ask us about them. Night appointments are available as well. Let our experienced New Jersey divorce lawyer and NJ divorce attorney and NJ family lawyer help you now fight for your rights in your NJ divorce. Our Fort Lee and East Brunswick offices are here to serve all of central and northern New Jersey.
Jul 6, 2016 @ 11:20 PM — by Michael Green