NJSBA Family Law Section

This message has been cross posted to the following Discussions: Young Lawyers Division and Family Law .
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Hi, all,

I recently filed a motion to enforce a civil order for a client whose bills weren't being paid by her husband per said order. The situation has gotten much worse and she recently has received several shut down notices and a foreclosure notice.

The problem here is that the motion hearing isn't scheduled till well into July and I was wondering if there was a way to change this existing motion into an OTSC to get it heard earlier? Or, would I have to dismiss the motion and file an OTSC separately based on the same subject matter?

Any help would be appreciated.

 

Thanks,

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Aleksandra Gontaryuk Esq.
Metuchen NJ
(908)336-7550
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You could withdraw the motion and file an order to show cause, but it's very, very tough to get one heard on a purely financial issue.  "Irreparable harm", the standard for having an OSC granted, almost by definition excludes an issue that's "just money."

If you try that route, be sure to include a quick letter brief and, with the above keenly in mind, get right to the point of what damage would be irreparable. There was one matter I was aware of several years ago where the appellate division stepped in on an emergent application to review the denial of an OSC when the dependant spouse was facing imminent eviction as a result of nonpayment.  You reference foreclosure -- that's not the same at all as eviction; foreclosures can take years.  Power being shut off, no food, no gasoline (etc) might get you over the hump.

Actually, rather than (or before trying) the above -- I would write the trial judge and explain the situation and ask for an expedited date.  Include any documents (eviction notice, power shut-off, etc) that underline the emergency.

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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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