Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Settling Post-Divorce Disputes in East Brunswick

The most common disputes that people find themselves in after a divorce in East Brunswick has been finalized is when one of the two former spouses is not in compliance with the property, the matrimonial settlement agreement, or the decision rendered by the court following a divorce trial. These are known as enforcement motions in a New Jersey family court.

To best settle any post-divorce disputes that may arise in East Brunswick, it is imperative that an individual consult with a knowledgeable divorce attorney as soon as possible.

Alimony Issues

Another common dispute that people face after a divorce has been finalized in East Brunswick is when a party has either agreed to or has been court-ordered to pay alimony.

It is very common that those individuals who pay alimony seek to terminate or reduce the amount of alimony that they are paying. The reason for this is simple, as no one wants to pay alimony.

Some of these applications are true and legitimate, and they have a good case. However, others are not. It is up to a judge to decide whether or not a person’s case for stopping alimony is legitimate or not.

If an individual voluntarily quits their job and takes a lesser paying job to purposely stop paying alimony, the judge will often see right through this. This is not a legitimate reason to cease paying alimony. However, if an individual has a more legitimate reason, the judge may be able to stop the person’s alimony payment.

Co-Parenting

Many issues come up when there are children involved in post-divorce disputes in East Brunswick. The biggest issue has to deal with custody, and more specifically, where the child should reside. Pursuant to a case called Letis, the parties must show a significant change of circumstances before a court order or a property settlement agreement will be modified.

It is a high burden to show why a child should be removed from one parent's house, which is the physical custodial parent or a parent of primary residence, and uprooted from their present home to the other parent's home. Sometimes, these cases are serious in nature, involving the abuse of a child or children who are being neglected.

However, sometimes the child is not doing well and there are more subtle reasons that accumulate. That is when, even after a divorce is finalized, there could be a custody battle with custody experts who are certified by judges of the Superior Court of New Jersey involved in such matters.

Parenting TimeAfter their divorce, many people will fight about parenting time, which becomes a big issue. For example, a father may refuse to allow the mother of the child to see the child on Mother's Day. This is inexcusable absent some exigent circumstance, meaning the mother just does not have the ability to care for the child for whatever reason.

Otherwise, any judge is going to award Mother's Day to mothers and Father's Day to fathers. Sometimes, some judges will hear such a matter on an emergent basis. Judges will hear the matter on a regular motion scheduled, but in either event, that is something to be addressed when settling post-divorce disputes in East Brunswick.