NJSBA Family Law Section

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  • 1.  Cross Motion and response Advice

    Posted 06-02-2016 06:23 AM
    Hello,

    I have a post divorce situation where the ex wife is representing herself pro se and has filed a second motion. The first Motion had most of her relief denied.

    She is looking to enforce provisions of their Agreement and attempting to expand the terms by arguing changed circumstances (even though the same point was denied in the first motion). Her reconsideration is beyond 20 days so I Think that point will be denied on procedural grounds. She did not argue changed circumstances in the first Motion and just asked for child care expenses, which was not in their Agreement.

    Husband believes he is entitled to attorney fees for her non compliance. There is a provision in the Agreement. They both have terms they have not fulfilled.

    The Court also ordered mediation which will not take place before the return date of the Motion. I attempted to negotiate a Consent Order with the parties and they just keep fighting. While I have suggested an adjournment until after mediation, the client has not agreed.

    I am requesting a template for a cross motion and any insight/ case law/ strategy that could be helpful.

    And any suggestions on the best place to find forms.

    Thank you in advance.

    Best,

    Sam


    Sent from my iPhone 


    On Jun 1, 2016, at 12:45 PM, Melinda Singer via New Jersey State Bar Association <[email protected]> wrote:

    Can anyone recommend a Family Law Atty in Cobb County Ga. It is near Atlanta.Thanks in advance . Melinda L. Singer, Esq. River View Office Center... -posted to the "Family Law Section" community

    Family Law

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    Cobb County Georgia
    Reply to Group Reply to Sender
    Jun 1, 2016 12:45 PM
    Melinda L. Singer, Esq
    Can anyone recommend  a Family Law Atty in Cobb County Ga. It is near Atlanta.
    Thanks in advance .

    Melinda L. Singer, Esq.

    River View Office Center

    3 University Plaza, Suite 207

    Hackensack, New Jersey 07601

    Tel:  201-678-9800 ext. 304

    Fax: 201-678-9595

    www.melindalsinger.com

     

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Court Approved Family Law Mediator

     

    NOTICE: This e-mail communication, including any attachment, from Melinda L. Singer may contain personal or confidential information which is protected from disclosure by the attorney-client privilege or other privilege or legal doctrine. If the reader of this communication is not the intended recipient, you are hereby notified that you have received this communication in error and that your review, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail communication in error, please delete it and immediately notify Melinda L. Singer by return e-mail or by telephone at 201-678-9800

     

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  • 2.  RE: Cross Motion and response Advice

    Posted 06-03-2016 09:43 AM

    I have a new client coming in.  Sounds like we need to do a Motion to emancipate her.  She is 17 – almost 18 – her parents are both deceased and her aunt is her guardian.  Her aunt wants to ship her back to Colorado and child wants to stay in NJ to finish high school.  I would appreciate any forms, insight, case law, etc.

     

    As always, thanks for your help.  Please respond on or off list.

     

    Lynn E. Staufenberg

     

     

    zflogo

     

    PO Box 489

    268 Broad Street

    Red Bank, NJ  07701

    (P):  732-747-3700

    (F): 732-758-9068

    Email: [email protected]