NJSBA Family Law Section

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  • 1.  Combining FD and FM post-judgment motions

    Posted 02-10-2013 04:52 PM
    I represent a father who pays child support for 2 sets of children - one child support order is being paid on an FD docket and the other on an FM docket. Her has retired which is a change in circumstance. His income is sharply reduced . He wants support reduced. Can I file one motion using both docket numbers? Or must I file separate motions?  It would seem the court to be fair should hear all matters together as opposed to piecemeal. Both matters are pending in Bergen If I can do both motions together what would the procedure be as in FD actions you have to use the proscribed forms? 

    Any advice would be greatly appreciated.

    Thanks!

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    John Weichsel
    Hackensack NJ
    (201)488-1400

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  • 2.  RE:Combining FD and FM post-judgment motions

    Posted 02-10-2013 05:02 PM
    John:

    I'm guessing the FD does not have an FM connected to it? That is, did the relationship that has the FD filing ever move into divorce proceedings?  I'm guessing not because the FM would have subsumed the FD Order.

    So, I would still file a motion (using both docket numbers) asking the FM judge to work these two separate matters out jointly because of the one common factor, i.e., the same payor with two different payees.

    I'm of the theory, it never hurts to ask.  The worst the judge can say is no and make you file it in both FD and FM.  I think the FD are specific re the forms because lots of pro se folks do the FDs themselves.  But you have the classic argument, i.e., the more efficient use of judicial resources.  Also, I do believe this circumstance is probably a reasonably frequent occurrence.  You are just the first guy who thought outside of the box.

    I'll be curious what other, more learned members, of this post have to say.  But that's my best guess.

    Stay well,

    Marianne

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    Marianne Auriemma Esq.
    Maywood NJ
    (201)712-9663

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    Original Message


  • 3.  RE:Combining FD and FM post-judgment motions

    Posted 02-10-2013 06:37 PM
    I think filing a combined motion makes so much sense. Even if the court chooses to divide the responsibility, you have given instant notice to everyone concerned. ------------------------------------------- Hanan Isaacs Esq. Kingston NJ (609)683-7400 -------------------------------------------
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  • 4.  RE:Combining FD and FM post-judgment motions

    Posted 02-11-2013 10:29 AM
    I had the same scenario about a year ago.  I filed a single motion under the FM docket number but included a double caption (with the FD matter underneath).  [I chose the FM forum to avoid those ridiculous forms that we have to use in FD matters].
    The judge decided both matters by calculating child support for the 3 children and then distributing that amount between both mothers.

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    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    Phone (609) 465-9910
    Fax (609) 465-9920
    E-Mail [email protected]
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  • 5.  RE:Combining FD and FM post-judgment motions

    Posted 02-22-2013 06:41 PM
    Been there.  I generally file the motions separately under the FM and FD dockets, but write the judges and advise them both of the situation.

    I had it happen about a year ago.  Support hadn't been reviewed in the better part of decade and there were other changes.  The judge in the FD case found a clear change in circumstances and said from the bench that he would discuss the issue with the FM judge and calculate support taking both new obligations into account.

    The FM judge, of course, found there was no change in circumstances and denied the motion, 

    But the theory (notifying each judge of the applications) holds.

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    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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    Original Message