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Divorce and Anti-Lepis Clauses - Why a Blanket Application May Be an Error by the Court

Mar 25, 2016 @ 10:53 AM — by Michael Green

Divorce and Anti-Lepis Clauses in Property Settlement Agreements - When a Blanket Application May Be an Error by a Court.  

Anti-Lepis Clauses in Divorce Agreements are essentially attempts to deal with the Lepis case that generally allowed for modification of terms of support in agreements in the future if there was a substantial change in circumstances.  An anti-Lepis clause is a clause that prohibits modification of the terms of alimony in the future regardless of whether or not there was a substantial change in circumstance.

For example, the following arguments could apply, if an agreement is silent as to a term regarding alimony, such as cohabitation, and the Court applies an anti-Lepis clause in the agreement as to cohabitation, there may be an issue as to whether or not the the anti-Lepis clause should have been applied.

Divorce and Modification of Alimony with Cohabitation - Postjudgment Motion Practice

Sep 18, 2015 @ 10:54 AM — by Michael Green

Motions for modification of alimony are generally subject to the terms of the Property or Matrimonial Settlement Agreement and the law in the State of New Jersey, including the  New Jersey recently passed statute regarding alimony.  Generally, if you are seeking to have alimony modified or terminated, in a case where there is cohabitation, upon showing proofs that satisfy your prima facie case, the Court would generally order that discovery be done to show whether support is being received or given by the other party. Thereafter, a plenary hearing is generally ordered so that the Court will hear testimony from the parties and review the evidence to make a determination.  If you wish to go forward with a motion for modification of alimony, please call Green & Associates at 732-390-0480in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation.  Night appointments are available.