NJSBA Family Law Section

David:

On my case, I got a call and she said she would hold my cross-motion until I faxed her a notice of appearance with authorization to charge my firm's collateral account the $50.00.

It was not her fault- she was the messenger.

I have spoken with our PJ in Middlesex but no answer as yet from AOC who I believe has been asked.

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

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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Bob,

I had this same issue in Middlesex County recently, but the facts are even more egregious.  Pro se defendant files an Answer and Counterclaim in his divorce, then hires our firm.  We immediately file a Substitution of Attorney.  Then, adversary files motion, so we have to file a cross motion.  Before filing the cross motion, we participate in a Case Management Conference and an Order is entered. 

Despite our filing a Substitution of Attorney – and paying a fee – and participating as counsel of record in the CMC, we were told they would not file our cross motion without a Notice of Appearance being filed!

So in this scenario, there are three fees – SOA, cross motion and appearance.

In a case with a marital estate replete with debt, too little income to go around, one disabled party, and attorneys being paid by relatives tipping into their retirement savings.  It's an outrage.

Allison:

That's FUBAR!!!!

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

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you.

Ann:

Yes, I posted about this last week after I received a call from Middlesex County.

Here is my position:

It has come to our attention that in certain counties, the Family Part is requiring the filing of a "Notice of Appearance" and an accompanying $50.00 filing fee in the following situation. There is a Judgment of Divorce between parties that occurred some years ago. There have been no intervening motions filed post-judgment. Then, one of the parties files a Pro Se Notice of Motion seeking certain relief. The other party retains an attorney and files opposition and a cross-motion for relief. Obviously, there is no need for the attorney to file a Substitution of Attorney as there is no attorney of record under this scenario, yet the party filing the cross-motion has been compelled to pay two fees totaling $100.00 ($50.00 for the cross-motion and $50.00 for the "Notice of Appearance" while the Pro Se party that filed the motion pays only $50.00. If this is the policy of the Court, it dissuades litigants from seeking representation by an attorney and amounts to a penalty for any litigant who retains an attorney. We do not believe that this is appropriate nor was it the intention of the recent filing fee changes promulgated in late 2014. Accordingly, we ask that this matter also be clarified and that the various county Family Division managers be instructed that neither this fee nor the filing fee for an answer to counterclaim, as set forth above, be charged.

I think the NJSBA needs to get this and the ridiculous "answer to counterclaim" fee revoked.

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

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you.

Once again there seems to be confusion on the filing procedure. Can someone please take a moment to assist me- I have been retained to file a cross motion in a post judgment FM case. With consent of my adversary I requested an adjournment specifically referencing the need to file a cross motion. I have just been advised that the matter can be adjourned and that I must file a notice of appearance. Is this correct? I thought that the filing of the cross motion would serve as my appearance- no?

Frank:

If that is so (and Middlesex is insisting it is, although I strongly disagree), then they are punishing the litigant for hiring an attorney, because now the litigant is being charged $50 while if the litigant is pro see, he or she is only being charged $50.00 for the motion or cross-motion filing 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]
Member, Middlesex County Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you.

it is more than that.  The court rules say representation ends 45 days from order or judgment. so post-judgment, new attorneys on different applications.  No Substitution should be require if it is a New Post-J application.  The Motion and Cross-Motion ($50 filing fee) IS the notice of appearance for the new attorney.  There is no statutory or court rule basis for requiring a Notice of Appearance with fee and Cross-Motion with fee.

I meant to say your client is being charged $100 in filing fees while the pro se litigant is only being charged $50.

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

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Privileged Information: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confidential and/or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please delete this message, along with any attachments, from your computer. Thank you.