Post divorce proceedings occur for two major reasons: the circumstances of one or both of the parties concerned have changed and the original court orders need to be amended, or the original court orders are not being followed by one or both parties. During post divorce proceedings, there are a variety of different motions you can file for either changing or enforcing court orders pertaining to your divorce. These motions include:
- Increasing or decreasing payments for alimony/spousal support: You can file this motion if you feel you should be paying less alimony or spousal support, or you feel you should be receiving more.
- Increasing or decreasing payments for child support: Like spousal support, this motion can be filed if you do not find the current child support payments acceptable.
- Changing custody arrangements for minor children: During a divorce, the court will decide who has legal and physical custody of their children. Sometimes this is both parents, and sometimes it is just one parent with the other parent being allowed parenting time, or visitation. Either parent can file a motion to change the arrangements if they no longer find them acceptable.
- Changing parenting time (or visitation) arrangements: If one parent has sole physical custody of a child and the other parent is allowed parenting time following a divorce, either of them can file a motion to change the arrangements if they do not find the current arrangements acceptable.
- Relocating a child: If a parent has physical custody of a child and wants to move out of New Jersey, they must have either the consent of the other parent or, if the other parent will not consent, a court order allowing the move.
- Emancipating a child: This motion is filed if someone paying child support following a divorce no longer feels that the child is entitled to child support, for example if the child turned eighteen or no longer attends school full time.
- Changing the court venue: A change of venue must be requested if you want all future hearings related to the divorce to take place in a new county.
- Enforcing court orders regarding child custody, child support, parenting time, or alimony/spousal support: If the other party is not following the original court orders related to any of the above, you can file this motion to have the court intervene and ensure that they do so.
Additional, a cross-motion can be filed in response to one of the above motions.
An experienced NJ divorce lawyer can help you understand your rights and options following a divorce. Contact Himelman & Himelman today to discuss your options for post divorce proceedings.