Legal Question in Family Law in New Jersey

Motion Practice

I recently became pro se in my Post Judgment Divorce case and occasionally, require filing motions as my ex-husband and I do not agree. Last year in April, the court ordered my support reduced by a substantial amount. It has become very difficult for me to pay for the aftercare for my children after school as I work until 5:00. Also, my oldest daughter, age 9, is having difficulty in school with studying, homework, grades, etc. We have obtained a certified letter from her physician that she is totally capable of caring for my children along with letters from parties who ask her to watch their children. I have filed a motion with the Court, however, I entitled it Post Judgment Motion for Reconsideration of a previously filed Order. My ex-husband has written a letter to the Judge indicating that Court Rules allows a limitation of 1 year for reconsideration and that the motion should not be considered. There has been a change in circumstances since the order was entered and I require to know what I need to do for the motion to be considered by the court.


Asked on 2/09/00, 4:40 pm

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Motion Practice

You need to file a new motion, not a motion for reconsideration of the old motion. However, it can get technical and you probably should seek the advice of counsel. If you were satisfied with your previous lawyer, you should return to him/her. If not, I would be happy to assist you. Feel free to call me at 856-546-8010. Mention LawGuru and the first consultation is free. Good luck! Rob Gleaner

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Answered on 2/10/00, 10:04 am
Tammy White In House Counsel for TDS Transportation/Tritom Distribution Services

Re: Motion Practice

What you need to file is a notice of motion for post judgment modification. In your certification explain what the changed circumstances are as to why the order should be increased and to what dollar figure. Include documents, as the physician's letter, that establish your case. You may want to also include documentation that explains your daughter's difficulty in school and if there are any extra associated costs with that.

A starting point would be for you to go to the law library in the county where you live and look up Lepis v Lepis. In that case the Court explains what changed circumstances mean. Good luck.

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Answered on 2/10/00, 10:36 am


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