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  • 1.  Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 11:53 AM
    I filed a complaint in Union County, paid the 300.00 for the filing fee, it got kicked back because I did not pay the fee for Parent Education Class as the stated reason. When I called they said that if the complaint asks for child support, then there is an additional 25.00 fee to make the entire filing fee 325.00.  I pointed out that all complaints with unemancipated children would ask the court to set reasonable child support, so that means that if the parties have children, the filing fee is now 325.00. I tried to find that additional fee in the Rules but could not find it anyone know if that was included anywhere.

    Just seems like another increase.

    Gerri Duswalt

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone:    (908) 322-5160
    Fax:              (908) 654-3970
    E-mail:          [email protected]
                        [email protected]
    Web Site:      www.duswaltlawfirm.com

    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general 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 transaction 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.



  • 2.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 12:01 PM
    Try this, Gerri.
    https://www.judiciary.state.nj.us/forms/11112_courtfees.pdf

    ------------------------------
    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
    ------------------------------

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  • 3.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 12:06 PM

    The $25 fee is for the Parent Education Fund.  It has been in effect since 1999.  See https://www.judiciary.state.nj.us/attorneys/assets/directives/dir_11_99.pdf

     

     

    Regards,

     

    Patricia M. Rondón

    Attorney-at-Law     

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  • 4.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 12:11 PM
    You could try writing to the PJ to get a waiver of this fee if the children are over the age of majority, but I have had limited success doing so (really only where there is a signed PSA).  Generally, the Court will charge the fee if child support is listed in the Complaint.  You'll probably incur more in counsel fees asking for the waiver than you will just by paying it though (or you don't bill your client and write the letter on principle).  

    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100
    Fax: (732) 736-9505

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  • 5.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 12:15 PM
    I agree, just seems like the amount they charge is just unfair to litigants especially those that have little resources, need to move out, carry two residences, etc.  I know we have all discussed this before so won't keep at it, but its just burdensome.

    Gerri

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone:    (908) 322-5160
    Fax:              (908) 654-3970
    E-mail:          [email protected]
                        [email protected]
    Web Site:      www.duswaltlawfirm.com

    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general 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 transaction 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.




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  • 6.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 12:12 PM
    It wasn't the parent education fee, the clerk was saying that in addition, there is a new fee for those litigant's requesting child support that would not be charged to those not requesting child support.

    Gerri

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone:    (908) 322-5160
    Fax:              (908) 654-3970
    E-mail:          [email protected]
                        [email protected]
    Web Site:      www.duswaltlawfirm.com

    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general 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 transaction 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.




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  • 7.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 01:38 PM

    The clerk is wrong. No such new fee

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

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  • 8.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 07:02 PM
    It is $300 for a divorce complaint. If there are children then you add $25 parent education fee for a total of $325.00.

    Sent from my iPhone



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  • 9.  RE: Filing Fees for Divorce Complaint with Children

    Posted 03-22-2018 01:33 PM

    Geraldine:

     

    Unless you advise them there is already an agreement on custody/parenting time, they will assess the extra $25.00 for the Parents Education Act. That's been the case for a long time. The filing fee for a divorce complaint is $300.00 exclusive of the PEA fee.

     

    I have an article coming out in the next NJ Family Lawyer regarding the filing fee issues.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                      

     

    IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise.

    This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Drescher & Cheslow, P.A. which is "Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you

     




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