Share Us On:

New Jersey Divorce and Settling PostJudgment Motions Before or After a Plenary Hearing about Child Custody, Child Support or Alimony

Jul 11, 2016 @ 10:07 AM — by Michael Green

New Jersey Divorce and Settling PostJudgment Motions Before or After a Plenary Hearing about Child Custody, Child Support or Alimony.  As I have blogged previously, the Family Courts in New Jersey divorces these days are ordering more and more plenary hearings, mini-trials, where the parties give testimony under oath and submit evidence as well as present witnesses.  More and more, issues of relocation, child custody, and modifications of alimony are not decided at the filing and hearing of a motion, but are decided after a plenary hearing by a divorce court in the State of New Jersey.  Appellate case law has pushed many Judges in postjudgment motions, motions after judgment of divorce have been entered, to decide that a burden has been met by the party seeking the relief of the motion that a prima facie case of  "substantial change in circumstance"  has been shown to justify a plenary hearing.  However, this doesn't mean that the parties are now faced with the Court deciding these issues through what may be a costly process of discovery ordered prior to the plenary, which may include, Notice to Produce Documents, Interrogatories.  Parties can decide at any time to settle there issues and have a Consent Order entered that may settle in an agreement their issues of child custody, child support modification, alimony or spousal support modification, or other types of issues such as relocation of a child, payment for college tuition and expenses, emancipation of a child or others.  Even if you have started the process of a plenary hearing, generally, at anytime the parties choose to settle they may before a court makes their decision, a decision both parties may be very unhappy with.  If you seeking to file a NJ divorce motion, a postjudgment motion - a motion after your divorce, to address relief from issues such as alimony termination or modification, child relocation out of state, child custody modification, emancipation of a child, and you are seeking a free consultation, please call us, Green & Associates, at 732-390-0480 or 201-242-1119 for a free consultation and ask us about our flat fees for certain divorce motion services.  If you need a NJ divorce attorney or NJ divorce lawyer to handle your New Jersey divorce, call us, we can help you through these difficult issues with our experienced New Jersey divorce lawyer.  If you have a NJ divorce hearing related to a plenary hearing of a postjudgment motion that has been filed in the New Jersey Family Courts, then call us for a free consultation to assist you or,  if you have a NJ divorce trial and need assistance, call us for a free consultation regarding how you may wish to go forward as well.  Green & Associates, we're here to help you navigate your way through the NJ Family Courts with issues of divorce and postjudgment of divorce. 

Comments (0)

Public comments are closed.