NJSBA Family Law Section

I received an unexpected order from a Morris County Judge who found no changed circumstances when: the father became employed after not being employed for 1 1/2 years; his new employment is at a lower pay than his unemployment pay, but this new job is with a school district and has potential for growth.  The father also had the birth of his third child with his wife. Is there any case law that states the birth of a child is changed circumstances?  I have been searching but haven't found anything on target.

Also, the father was Ordered to pay medical bills that are 7 years old, bills which the mother incurred while pregnant- the child was not even born yet.  The parents are unmarried to each other and never lived together, nor had a long term relationship.

I feel that this ruling is unjust and as a newer attorney, I want to believe that the court may have made a mistake of fact. The law clerk did tell me that many of the papers had initially been misplaced but were in the judge's possession one week prior to the ruling.  The motion was filed in December- the court just ruled 2 weeks ago. 

I'm looking for guidance on how to right a wrong, or am I wasting my time?  I know I only have 3 days left to file my motion to reconsider.

Thanks,
Mechelle

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Mechelle Buksar Esq.
Woodbridge NJ
(732)713-4339

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Michelle File!! Argue overlooked facts and overlooked Lepis v. Lepis case law.  Birth of a new child is AUTOMATICALLY a changed circumstance. I am sure there are others. If Judge rejects reconsideration motion, consider an appeal. Hanan ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------
Original Message: Sent: 07-16-2013 18:46 From: Mechelle Buksar Subject: Changed circumstances and old medical bills I received an unexpected order from a Morris County Judge who found no changed circumstances when: the father became employed after not being employed for 1 1/2 years; his new employment is at a lower pay than his unemployment pay, but this new job is with a school district and has potential for growth. The father also had the birth of his third child with his wife. Is there any case law that states the birth of a child is changed circumstances? I have been searching but haven't found anything on target. Also, the father was Ordered to pay medical bills that are 7 years old, bills which the mother incurred while pregnant- the child was not even born yet. The parents are unmarried to each other and never lived together, nor had a long term relationship. I feel that this ruling is unjust and as a newer attorney, I want to believe that the court may have made a mistake of fact. The law clerk did tell me that many of the papers had initially been misplaced but were in the judge's possession one week prior to the ruling. The motion was filed in December- the court just ruled 2 weeks ago. I'm looking for guidance on how to right a wrong, or am I wasting my time? I know I only have 3 days left to file my motion to reconsider. Thanks, Mechelle ------------------------------------------- Mechelle Buksar Esq. Woodbridge NJ (732)713-4339 -------------------------------------------

Mechelle, Sorry I misspelled your name. ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------
Original Message: Sent: 07-16-2013 18:46 From: Mechelle Buksar Subject: Changed circumstances and old medical bills I received an unexpected order from a Morris County Judge who found no changed circumstances when: the father became employed after not being employed for 1 1/2 years; his new employment is at a lower pay than his unemployment pay, but this new job is with a school district and has potential for growth. The father also had the birth of his third child with his wife. Is there any case law that states the birth of a child is changed circumstances? I have been searching but haven't found anything on target. Also, the father was Ordered to pay medical bills that are 7 years old, bills which the mother incurred while pregnant- the child was not even born yet. The parents are unmarried to each other and never lived together, nor had a long term relationship. I feel that this ruling is unjust and as a newer attorney, I want to believe that the court may have made a mistake of fact. The law clerk did tell me that many of the papers had initially been misplaced but were in the judge's possession one week prior to the ruling. The motion was filed in December- the court just ruled 2 weeks ago. I'm looking for guidance on how to right a wrong, or am I wasting my time? I know I only have 3 days left to file my motion to reconsider. Thanks, Mechelle ------------------------------------------- Mechelle Buksar Esq. Woodbridge NJ (732)713-4339 -------------------------------------------

Yes - the birth of a subsequent child is automatic changed circumstances. Afterborn children have a Constituional right to share in parents' income. No quesiton: http://scholar.google.com/scholar_case?about=9968898070639765377&q=martinez+birth+constitutional&hl=en&as_sdt=4,31 BUT, there's no way to understand the judge's ruling based on what you've provided. Did you have a proper CIS? Did you include the last-filed CIS so the Court could measure change in circumstances? Did you provide adequete (read: "volumnious") documentation of job search efforts undertaken before he acceptted this job? Did you ask for "or, in the alternatve, a pleanry hearing as to this relief"? What was the opposition? I agree with Hanan's suggestion. I'd file for reconsideration. If all of the above things weren't done, then do them now. Having reconsideration granted would be best as it would affect the effective date if you prevail. Especially if you foresee a possible appeal, make sure you ask for the plenary as "in the alternative" relief -- much easier to convince the App Div that an error was made in not ordering a hearing than in how a judge called it on the papers (with or without oral argument). ------------------------------------------- - Dave David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------
Original Message: Sent: 07-16-2013 20:25 From: Hanan Isaacs Subject: Changed circumstances and old medical bills Mechelle, Sorry I misspelled your name. ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------

Also - medical expenses are a component of child support and thus not subject to retroactive modification on a change in circumstances. I agree that you've probably got an argument that pre-birth expenses should probably be excluded as there was no jurisdiction (although there is a terrible recent DV case where a judge in effect overturned Roe v. Wade by finding he could add an unborn child to a FRO rather than simply ordering expedited future proceedings after birth.... but by the time it was published, time for appeal had passed). Anyway, yes, it sounds like you have issues and options. Finally, I wouldn't fail to at least try to settle it after your motion is filed - if adversary sees you have a point and long, expensive litigation is on the horizon, there might be a compromise to reach. ------------------------------------------- - Dave David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------
Original Message: Sent: 07-16-2013 20:56 From: David Perry Davis Subject: Changed circumstances and old medical bills Yes - the birth of a subsequent child is automatic changed circumstances. Afterborn children have a Constituional right to share in parents' income. No quesiton: http://scholar.google.com/scholar_case?about=9968898070639765377&q=martinez+birth+constitutional&hl=en&as_sdt=4,31 BUT, there's no way to understand the judge's ruling based on what you've provided. Did you have a proper CIS? Did you include the last-filed CIS so the Court could measure change in circumstances? Did you provide adequete (read: "volumnious") documentation of job search efforts undertaken before he acceptted this job? Did you ask for "or, in the alternatve, a pleanry hearing as to this relief"? What was the opposition? I agree with Hanan's suggestion. I'd file for reconsideration. If all of the above things weren't done, then do them now. Having reconsideration granted would be best as it would affect the effective date if you prevail. Especially if you foresee a possible appeal, make sure you ask for the plenary as "in the alternative" relief -- much easier to convince the App Div that an error was made in not ordering a hearing than in how a judge called it on the papers (with or without oral argument). ------------------------------------------- - Dave David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------