NJSBA Family Law Section

Greetings,

 

I have kind of an unusual fact pattern.  Married parties currently reside together.  Husband is self employed with no discernible income.  Wife is employed.  There are 2 minor children.  Wife doesn't want to file for divorce but wants Husband to pay some sort of support.  If I file an FD complaint to establish a child support obligation, does anyone perceive a risk in Husband then filing a cross complaint for pendente lite spousal support?  Any thoughts would be appreciated.

------------------------------
Rosanne DeTorres Esq.
Flemington NJ
(908)284-6005
------------------------------

I don't think you can prevent it.  But, in FD world, it probably would not be a cross-complaint for pendente lite support.  It would just be a complaint for spousal support, because the FD complaint is its own action.  The hearing officers usually do not address spousal support, so the whole thing would probably wind up before a judge, anyway.

------------------------------
Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
------------------------------


Original Message:
Sent: 04-30-2015 11:49
From: Rosanne DeTorres
Subject: FD practice question

Greetings,

 

I have kind of an unusual fact pattern.  Married parties currently reside together.  Husband is self employed with no discernible income.  Wife is employed.  There are 2 minor children.  Wife doesn't want to file for divorce but wants Husband to pay some sort of support.  If I file an FD complaint to establish a child support obligation, does anyone perceive a risk in Husband then filing a cross complaint for pendente lite spousal support?  Any thoughts would be appreciated.

------------------------------
Rosanne DeTorres Esq.
Flemington NJ
(908)284-6005
------------------------------

I have similar situation, the client has filed a FD complaint for child
support and spousal support. Now she has decided that she wants to file for
divorce (he moved out). My question, could I file the divorce case now
while that is pending, should we just withdraw the FD and move with the divorce
or should we get the FD support and then file for divorce. My concern is
that she won't get spousal support in FD, there are some convoluted issues
(imputed income ect).

Thank you.


GERALDENE SHERR DUSWALT
ATTORNEY AT LAW
QUALIFIED MEDIATOR

Admitted in New York and New Jersey
1812 Front Street
Scotch Plains, New Jersey 07076

1133 Broadway, Suite 708
New York, N.Y. 10010

Telephone: (908) 322-5160
Facsimile: (908) 654-3970
E-mail: [email protected]
[email protected]

Web Site: _www.duswaltlawfirm.com _ (http://www.duswaltlawfirm.com/)

General practice of law serving the legal needs of the community; family
and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court,
real estate, wills, civil litigation.


This e-mail and any documents accompanying this e-mail may contain
information from the law office of Geraldene Sherr Duswalt, Esq. that is intended
to be for the use of the individual or entity named in this e-mail
transmission and which may be confidential, privileged or attorney work product. If
you are not the intended recipient, be aware that any disclosure, copying,
distribution or use of the contents of this e-mail is strictly prohibited.
If you receive this e-mail in error, please notify the sender at once.


Original Message------

I don't think you can prevent it.  But, in FD world, it probably would not be a cross-complaint for pendente lite support.  It would just be a complaint for spousal support, because the FD complaint is its own action.  The hearing officers usually do not address spousal support, so the whole thing would probably wind up before a judge, anyway.

------------------------------
Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
------------------------------


Original Message:
Sent: 04-30-2015 11:49
From: Rosanne DeTorres
Subject: FD practice question

Greetings,

 

I have kind of an unusual fact pattern.  Married parties currently reside together.  Husband is self employed with no discernible income.  Wife is employed.  There are 2 minor children.  Wife doesn't want to file for divorce but wants Husband to pay some sort of support.  If I file an FD complaint to establish a child support obligation, does anyone perceive a risk in Husband then filing a cross complaint for pendente lite spousal support?  Any thoughts would be appreciated.

------------------------------
Rosanne DeTorres Esq.
Flemington NJ
(908)284-6005
------------------------------

AOC Directive specifies that the FD action stops when the FM is filed. I have had at least one judge stop the FD action mid-hearing when I informed her that we just received proof of our FM filing.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------


Original Message:
Sent: 04-30-2015 12:31
From: Geraldene Duswalt
Subject: FD practice question

I have similar situation, the client has filed a FD complaint for child
support and spousal support. Now she has decided that she wants to file for
divorce (he moved out). My question, could I file the divorce case now
while that is pending, should we just withdraw the FD and move with the divorce
or should we get the FD support and then file for divorce. My concern is
that she won't get spousal support in FD, there are some convoluted issues
(imputed income ect).

Thank you.


GERALDENE SHERR DUSWALT
ATTORNEY AT LAW
QUALIFIED MEDIATOR

Admitted in New York and New Jersey
1812 Front Street
Scotch Plains, New Jersey 07076

1133 Broadway, Suite 708
New York, N.Y. 10010

Telephone: (908) 322-5160
Facsimile: (908) 654-3970
E-mail: [email protected]
[email protected]

Web Site: _www.duswaltlawfirm.com _ (http://www.duswaltlawfirm.com/)

General practice of law serving the legal needs of the community; family
and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court,
real estate, wills, civil litigation.


This e-mail and any documents accompanying this e-mail may contain
information from the law office of Geraldene Sherr Duswalt, Esq. that is intended
to be for the use of the individual or entity named in this e-mail
transmission and which may be confidential, privileged or attorney work product. If
you are not the intended recipient, be aware that any disclosure, copying,
distribution or use of the contents of this e-mail is strictly prohibited.
If you receive this e-mail in error, please notify the sender at once.

True, Curt. That is always what I thought as well. But I had a judge in Monmouth, within the last six months, advise me that if the FM complaint has not been served by the time the FD matter is reached, the FD goes forward. I never checked the Rule, but I believed it, even though it didn't make sense to me. Over the years, I never had anyone ask if the FM had actually been served – until the time mentioned above.

[cid:[email protected]]
Mark F. Saker, Esquire
Attorney ID #271831971
______________________________

[cid:[email protected]]

Please reply to:
819 Route 33
Freehold, New Jersey 07728

Monmouth Executive Center
100 Willow Brook Road, Suite 150
Freehold, NJ, 07728
[cid:[email protected]][email protected]<mailto:[email protected]>
[cid:[email protected]]Main: 732-414-0300
[cid:[email protected]]Direct: 732-414-0312
[cid:[email protected]]Fax: 732-431-4043
[cid:[email protected]] Cell: 732-915-5190
W www.lomurrolaw.com<http: www.lomurrolaw.com/="">

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Original Message------

AOC Directive specifies that the FD action stops when the FM is filed. I have had at least one judge stop the FD action mid-hearing when I informed her that we just received proof of our FM filing.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------


Original Message:
Sent: 04-30-2015 12:31
From: Geraldene Duswalt
Subject: FD practice question

I have similar situation, the client has filed a FD complaint for child
support and spousal support. Now she has decided that she wants to file for
divorce (he moved out). My question, could I file the divorce case now
while that is pending, should we just withdraw the FD and move with the divorce
or should we get the FD support and then file for divorce. My concern is
that she won't get spousal support in FD, there are some convoluted issues
(imputed income ect).

Thank you.


GERALDENE SHERR DUSWALT
ATTORNEY AT LAW
QUALIFIED MEDIATOR

Admitted in New York and New Jersey
1812 Front Street
Scotch Plains, New Jersey 07076

1133 Broadway, Suite 708
New York, N.Y. 10010

Telephone: (908) 322-5160
Facsimile: (908) 654-3970
E-mail: [email protected]
[email protected]

Web Site: _www.duswaltlawfirm.com _ (http://www.duswaltlawfirm.com/)

General practice of law serving the legal needs of the community; family
and matrimonial law, bankruptcy, debtor/creditor, consumer, municipal court,
real estate, wills, civil litigation.


This e-mail and any documents accompanying this e-mail may contain
information from the law office of Geraldene Sherr Duswalt, Esq. that is intended
to be for the use of the individual or entity named in this e-mail
transmission and which may be confidential, privileged or attorney work product. If
you are not the intended recipient, be aware that any disclosure, copying,
distribution or use of the contents of this e-mail is strictly prohibited.
If you receive this e-mail in error, please notify the sender at once.






</http:></mailto:[email protected]>

Compost pile


Original Message------

True, Curt. That is always what I thought as well. But I had a judge in Monmouth, within the last six months, advise me that if the FM complaint has not been served by the time the FD matter is reached, the FD goes forward. I never checked the Rule, but I believed it, even though it didn't make sense to me. Over the years, I never had anyone ask if the FM had actually been served – until the time mentioned above.

[cid:[email protected]]
Mark F. Saker, Esquire
Attorney ID #271831971
______________________________

[cid:[email protected]]

Please reply to:
819 Route 33
Freehold, New Jersey 07728

Monmouth Executive Center
100 Willow Brook Road, Suite 150
Freehold, NJ, 07728
[cid:[email protected]][email protected]<mailto:[email protected]>
[cid:[email protected]]Main: 732-414-0300
[cid:[email protected]]Direct: 732-414-0312
[cid:[email protected]]Fax: 732-431-4043
[cid:[email protected]] Cell: 732-915-5190
W www.lomurrolaw.com<http: www.lomurrolaw.com/="">

INFORMATION CONTAINED IN THIS E‑MAIL TRANSMISSION, INCLUDING ANY ATTACHMENTS, IS ATTORNEY PRIVILEGED & CONFIDENTIAL AND INTENDED ONLY FOR USE BY THE INDIVIDUAL OR ENTITY INDICATED TO BE THE RECIPIENT. IF THE RECEIVER OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING OR FORWARDING IT, AND IMMEDIATELY NOTIFY US BY REPLY E‑MAIL. THANK YOU!
P Consider the environment before printing this e-mail. Please print this e-mail only if necessary.

</http:></mailto:[email protected]>

Indeed.

But it was so good seeing you today.

[cid:[email protected]]
Mark F. Saker, Esquire
Attorney ID #271831971
______________________________

[cid:[email protected]]

Please reply to:
819 Route 33
Freehold, New Jersey 07728

Monmouth Executive Center
100 Willow Brook Road, Suite 150
Freehold, NJ, 07728
[cid:[email protected]][email protected]<mailto:[email protected]>
[cid:[email protected]]Main: 732-414-0300
[cid:[email protected]]Direct: 732-414-0312
[cid:[email protected]]Fax: 732-431-4043
[cid:[email protected]] Cell: 732-915-5190
W www.lomurrolaw.com<http: www.lomurrolaw.com/="">

INFORMATION CONTAINED IN THIS E‑MAIL TRANSMISSION, INCLUDING ANY ATTACHMENTS, IS ATTORNEY PRIVILEGED & CONFIDENTIAL AND INTENDED ONLY FOR USE BY THE INDIVIDUAL OR ENTITY INDICATED TO BE THE RECIPIENT. IF THE RECEIVER OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING OR FORWARDING IT, AND IMMEDIATELY NOTIFY US BY REPLY E‑MAIL. THANK YOU!
P Consider the environment before printing this e-mail. Please print this e-mail only if necessary.


Original Message------

Compost pile

</http:></mailto:[email protected]>

I can't tell you how many times I have had that administrative rule re-confirmed in practice. I wouldn't be truthful if I gave you an exact number off hand, but I'm thinking at least ten times in the past, across quite a few Counties.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------


Original Message:
Sent: 04-30-2015 17:53
From: Philip Jacobowitz
Subject: FD practice question

Compost pile