By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 08, 2024
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When a New Jersey family court judge issues your final divorce decree, you would think things are over. You have your marital settlement agreement, and you and your ex-spouse will go your separate ways. But sometimes, you need to change the terms of your divorce. This happens more often than you might think.
In New Jersey, there are ways to ask a judge to change the terms of your divorce. Typically, you do this using a "Lepis Motion."
Here, we'll explain what a Lepis Motion is and how it can help you change the terms of your divorce. We will also discuss why someone would want to modify the terms of their divorce.
In a New Jersey family law court, judges or lawyers may refer to "Lepis" or "Lepis motion." But what does "Lepis" mean, and how can it impact your divorce case?
Lepis refers to a 1980 New Jersey family law case, Lepis v. Lepis. The New Jersey Supreme Court heard this case, which involved a party's ability to modify the terms of their divorce agreement.
In Lepis, the court concluded that the lower courts can establish alimony, child support, child custody, and related issues. They also have the power to revise the orders when circumstances require. Family court orders reflect the obligations of the parties. But obligations are always subject to review by the court. A party can ask the courts to change its order if they show a significant change in circumstances.
To convince a judge to change the terms of your agreement post-divorce, your divorce lawyer must show that your circumstances have changed in a material way. The courts consider several factors when deciding a Lepis motion. We will discuss these factors in detail below.
Some of the evidence your attorney may use to prove a change in circumstances includes the following:
Of course, each case is unique. The facts of your case may warrant a change in your divorce agreement. Your family law attorney must prove that you've had a change in circumstances and that this change justifies a modification.
The New Jersey courts require the moving party to bear the burden of proof. This means you must show that you've experienced a substantial change in circumstances since the divorce. You must show that this change has impaired your ability to maintain a standard of living "reasonably comparable" to the one you had during the marriage.
The requesting party must also show that the change is continuing. For example, it isn't enough that your ex-spouse got an annual bonus and didn't share it with you. It's also not enough that your utility bills were higher than average for a month or two.
If the original divorce judgment accounted for a future change in circumstances, the judge will deny your request for a modification. For example, if your ex-spouse paid you a large sum at the time of divorce to make up for a change in circumstances, you can't expect more money.
Courts also reject modification requests when the change in circumstances is temporary. They will also deny your request if the alleged change in circumstances is only anticipated but hasn't happened yet.
Imagine that the court determines that a dependent spouse can't maintain the original standard of living due to a changed circumstance. It must then decide if the supporting spouse can pay the requested modification.
Your ex-spouse's financial status isn't a factor until you prove the circumstances have changed.
According to the court in Crews v. Crews (2000), circumstances change when the following things happen:
It's always best to seek legal advice before filing a Lepis motion. Lawyers have experience in modifying divorce agreements. They know the divorce laws in the State of New Jersey and understand what the judges demand in a modification case.
According to the judges in Lepis, not all modification requests need a hearing. The courts will only demand a hearing if the parties' documentation shows a dispute in material fact.
Some of the situations in which you may request a modification include:
Once you pay your filing fee, your New Jersey divorce lawyer will submit your motion and supporting documents. Your ex-spouse will have a chance to submit a response to your motion. In most cases, they will challenge your request for a modification.
Once the clerk gets papers from both sides, the court clerk schedules a hearing date. The judge (or the law clerk) will review both parties' legal papers and issue a tentative opinion. At that point, the parties can argue their case before the judge at the hearing. The attorneys for the respective parties will try to negotiate a compromise and submit an agreement to the judge for approval.
If you want to ask the courts to modify your divorce order, consult an experienced New Jersey divorce lawyer. The courts are strict when it comes to changing final divorce agreements. You may face an uphill battle.
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