QUESTION
If agree to a temporary support arrangement in divorce mediation and submit to judge as a consent order, can judge change it?
Asked on Mar 15th, 2022 on Family Law - New Jersey
More details to this question:
In a divorce in NJ. f you come to an agreement on temporary support in mediation and want to submit a consent order to the judge with what was agreed upon, can the judge modify that consent order or can the judge only sign the order “as is?” For example, if the consent order says Plaintiff cannot do xyz, can the judge change that to both parties, Plaintiff and Defendant, cannot do xyz or can the judge only sign off on what was actually written in the consent order submitted?
2 ANSWERS
Family and Matrimonial Law Attorney serving Parsippany, NJ
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Weinberger Divorce & Family Law Group, LLC
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Thank you for your question. Only in very rare circumstances would a judge make changes to a consent order. In fact, it is practically never the case in which a Judge would override an agreement between the parties. In some circumstances a Judge might change agreed upon deadlines to exchange documents or perform appraisals (e.g., if the agreed timelines far exceed those allowed by the Court Rules) but a judge likely would not change financial agreements or agreements regarding restrictions on a particular party’s conduct. That being said, if you have further questions or need to discuss this in more detail you should consider speaking with an experienced family law attorney.
Answered on Mar 24th, 2022 at 7:51 AM
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Divorce Attorney serving Short Hills, NJ
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As a general statement, A sitting superior court judge will sign off on a proposed form of consent order, when:
1. both parties agree upon the terms of a consent order in mediation with a qualified mediator,
2. both parties sign off on the proposed consent order,
3. the mediator confirms in writing that the terms contained in the proposed form of consent order mirror the interim support setting discussed and agreed upon
4. the proposed consent order does not include terms not discussed and agreed upon in mediation
5. both parties were given the opporitunity to review the terms of the consent order with separate counsel prior to the party signing off on it.
6. And, the terms of the consent order are not unconscionable
If the proposed consent order was prepared by a lawyer acting as a mediator, there would be less of an issue having a judge sign off on it. But if you prepared it ( presumably you are not a lawyer) based on your recollection of the discussions with the mediator and the mediator has not signed off on it, then a judge may have an issue with the wording used by you and may want to make edits to it or determine if the interim support setting is reasonable.
Answered on Mar 16th, 2022 at 8:39 AM