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.
Green & Associates, LLC Blog
The Rules of Court in New Jersey and the procedures for certain filings such as postjudgment motions have changed in their application recently by the courts. In the past, when filing a postjudgment motion with the court after another attorney or a pro se litigant had not represented themselves for more than 45 days, usually, you could just file a motion on behalf of the client. Lately, the Courts are requesting that a Notice of Appearance be filed by the attorney and a fifty dollar court filing fee be paid as well. The Courts have recently moved to raise their fees and enforce rules not entirely enforced before to it seems accrue more in fees for the court system. If you are seeking to file a divorce, use our experienced divorce lawyer and divorce attorney to help you with your case. Call us now at 732-390-0480 or 201-242-1119 for a free consultation in our East Brunswick or Fort Lee offices. Night appointments are available.
If you have been divorced and after some amount of time, you and your spouse may have payments to each other for child support, alimony and other shared expenses for the children such as work-related childcare. If you have a dispute regarding these items and the amounts paid and when they were paid, you may require a motion to be filed to resolve these issues. Such an accounting of these items can be an exhaustive process, with both parties submitting proofs that seemingly contradict each other. If you have to file such a postjudgment motion, please call us at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee Offices to schedule a free consultation with our NJ divorce lawyer or NJ divorce attorney, Michael S. Green. His years of experience with such motions will assist you in your filing. Call us today!
There are times when a party to a divorce or after a divorce just won't follow the court orders. Typically they are passive-aggressive in how they view the litigation or the results of a trial. Often, they may litigate these motions after having representation on a "pro se" basis, meaning acting as their own attorney. If after multiple attempts to have a party pay for alimony or equitable distribution of assets for example, they choose not to pay. Sanctions may include daily monetary sanctions, revoking a party's driver's license or other professional licenses, and finally issuing a warrant for the individual's arrest. If you have to enforce a court order and want help, call us at Green & Associates at 732-390-0480 at our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation, night appointments are available.
Motion Practice Postjudgment of Divorce and Modifications of Child Support and Alimony and Motions for Relocation and Divorce
Green & Associates can help you with your motions for post-judgment modifications of child support and modification of alimony or motions for relocation. We have helped numerous clients modify the terms of the Property Settlement Agreements and Matrimonial Settlement Agreements.
We have a wide range of experience in filing motions to modify child support and modify alimony terms. In addition, if you wish to file a motion for relocation, Green & Associates can help you.
Relocation often involves a motion to the court that may then require a plenary hearing, a hearing where testimony is given by the parties and witnesses as regards a showing of good cause for the relocation. Proofs of good cause that may include future employment, location of family or better educational opportunities for the children at issue may be necessary for the motion for relocation.