NJSBA Family Law Section

I have a plenary hearing scheduled next week on my client's request to terminate alimony. The ex-wife is self represented. My client receives a service-related, 100% disability benefit from the VA primarily due to PTSD which has impaired his mental functioning, in my opinion.

When I filed my motion, my client stated that he had conveyed his interest in the former marital to his ex-wife and adult son, who goes by the same name but with a slightly different spelling ( Stephen v. Steven) in 2006, but received no consideration.   It is a prayer for relief asking to be compensated. In her reply papers, the ex-wife produced a HUD statement showing that a disbursement was made to him for $114,000. When I asked him about this, he said he must've gotten the money but forgot about it. As a result, I withdrew that prayer for relief.

In doing trial prep yesterday, I came across some documents which suggested to me that he had not in fact receive the money. I am in the process of trying to retrieve the front and back of the check. The ex-wife and son are extremely hostile to my client so I could see them doing this. Since father and son have similar names, it would have been easy for the son to deposit the check into his own account.

The property is held as tenants in common so I need to add the son as a direct defendant. Since this is post judgment, I cannot very well file an amended complaint. I do not want to start a separate action since there would be so much overlap in the testimony between the two cases, they would have to be joined anyway. I want to file a motion as soon as possible but what relief do I ask for?

Any insight would be greatly appreciated.

Arlene F. Albino, Esq.

Fellow of the American Academy of Matrimonial Lawyers

Certified Matrimonial Law Attorney

Albino & Clark, LLC

Attorneys at Law

10 Poplar Tree Lane

Sparta, New Jersey 07871

(973) 729-3888

(973) 729-4167 Facsimile

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Absolutely, if I can get the cancelled check

I have a plenary hearing scheduled next week on my client's request to terminate alimony. The ex-wife is self represented. My client receives a service-related, 100% disability benefit from the VA primarily due to PTSD which has impaired his mental functioning, in my opinion.

When I filed my motion, my client stated that he had conveyed his interest in the former marital to his ex-wife and adult son, who goes by the same name but with a slightly different spelling ( Stephen v. Steven) in 2006, but received no consideration.   It is a prayer for relief asking to be compensated. In her reply papers, the ex-wife produced a HUD statement showing that a disbursement was made to him for $114,000. When I asked him about this, he said he must've gotten the money but forgot about it. As a result, I withdrew that prayer for relief.

In doing trial prep yesterday, I came across some documents which suggested to me that he had not in fact receive the money. I am in the process of trying to retrieve the front and back of the check. The ex-wife and son are extremely hostile to my client so I could see them doing this. Since father and son have similar names, it would have been easy for the son to deposit the check into his own account.

The property is held as tenants in common so I need to add the son as a direct defendant. Since this is post judgment, I cannot very well file an amended complaint. I do not want to start a separate action since there would be so much overlap in the testimony between the two cases, they would have to be joined anyway. I want to file a motion as soon as possible but what relief do I ask for?

Any insight would be greatly appreciated.

Arlene F. Albino, Esq.

Fellow of the American Academy of Matrimonial Lawyers

Certified Matrimonial Law Attorney

Albino & Clark, LLC

Attorneys at Law

10 Poplar Tree Lane

Sparta, New Jersey 07871

(973) 729-3888

(973) 729-4167 Facsimile

Confidentiality Note:

This message is for the named person's use only.  It may contain confidential, proprietary or legally privileged information.  No confidentiality or privilege is waived or lost by any mis-transmission. If you receieve this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender.  You must not, directly or indirectly, use, disclose, distribute, print or copy any part of this message if you are not the intended recipient.

Adjourn the trial until you can get discovery in light of the new found information

Constructive trust if you cannot amend to add son

Fraud

Possibly request guardian for your client