NJSBA Family Law Section

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  • 1.  Interlocutory Order?

    Posted 07-28-2015 02:49 PM

    Hello all,

    I could use some help with this question.  

    Final judgment of divorce in 2011 found Wife permanently disabled and her earnings year over.  She was collecting SSD for many years since 2003.  On post judgment application to modify alimony and to determine wife's contribution to college expenses for minor child, trial court grants ex-husband's motion seeking a vocational assessment of ex-wife saying because she defended a number of post judgment motions on a pro se basis she has the ability to work in some capacity in the legal field.

    Plenary hearing has not yet been scheduled on the ultimate issues.

    I want to appeal the post judgment order granting the vocational assessment.

    Is the order granting ex-husband the right to see a vocational assessment on the ex-wife an interlocutory order?

    Thanks in advance!

     

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    Rosanne DeTorres Esq.
    Flemington NJ
    (908)284-6005
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  • 2.  RE: Interlocutory Order?

    Posted 07-28-2015 02:56 PM
    If the trial court granted a plenary hearing, in my opinion it is an interlocutory appeal. Interlocutory appeals are not favored. Statistically they grant 10% of those applications and only under extraordinary circumstances. The court's view of the these issues is that you might win at trial and they don't want to interfere. But no harm in trying, so good luck.




  • 3.  RE: Interlocutory Order?

    Posted 07-28-2015 02:58 PM

    Hi, Rosanne:

    Yes, it is interlocutory because there is another event (the plenary hearing) that will finalize the matter.

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    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600
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  • 4.  RE: Interlocutory Order?

    Posted 07-28-2015 03:30 PM


    Definitely interlocutory if a plenary has been scheduled.  I've tried it four times, been successful only once, and those were extreme facts (here, if it helps: https://scholar.google.com/scholar_case?case=14501724311946568931 ).

    I think otherwise I need to "recuse" from this question as it looks familiar?  :-)

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    www.FamilyLawNJ.pro
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 5.  RE: Interlocutory Order?

    Posted 07-28-2015 04:24 PM

    Clearly interlocutory, with appellate policy that eschews piecemeal litigation.

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