NJSBA Family Law Section

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  • 1.  Potential Fraudulent Filing

    Posted 06-19-2014 08:59 AM
    A new client came in yesterday on an FD custody matter.  When reviewing the Child Support Order which was signed by the Defendant (father) and the Motion for custody which was, purportedly, signed by the Defendant, it appears as if the Defendant's wife (i.e. not the child's mother) actually signed the Motion on behalf of the Defendant.

    Is there any means to have the Motion thrown out before filing a response and raising the issue with the judge?  In conversations with the father, he has stated to my client that he is not the one pursuing the visitation and did not know what was written in the motion, lending further credence to the belief that he did not sign the Motion.

    Thanks in advance.

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    David Cardamone Esq.
    Little Silver NJ
    (732)741-6769
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  • 2.  RE: Potential Fraudulent Filing

    Posted 06-19-2014 12:11 PM

    file a motion to dismiss

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]

     




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  • 3.  RE: Potential Fraudulent Filing

    Posted 06-19-2014 12:31 PM

    If that is true, why would he not simply withdraw the petition for custody?  Not sure it would get dismissed on motion without some definitive proof it is not his signature which I don't think would occur on papers alone.

     

    Randy J. Perlmutter, Esq.
    Kantrowitz, Goldhamer & Graifman, P.C.
    747 Chestnut Ridge Road
    Chestnut Ridge, New York 10977
    845-356-2570 (ph) 845-356-4335 (fax)
    [email protected]
    www.kgglaw.com

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  • 4.  RE: Potential Fraudulent Filing

    Posted 06-19-2014 01:02 PM

    Do an opposing cert from your client that says that.  It's admissible; words are coming from the defendant.  But reserve the right to supplement your opposition to the motion in chief if the Court doesn't dismiss the motion (depending on what a  reply states, if any).

     

    State plaintiff is trying to save money on providing a substantive opposition when there probably shouldn't even be a motion.

     

    If the motion remains to be heard on the merits, request that the motion be adjourned appropriately so you can file your substantive opposition.  You'll get the adjournment – if it gets that far.

     

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    Mark F. Saker, Esquire

    Attorney ID #271831971
    Cerrato,  Saker & Wilder
    A Professional Corporation
    819 Route 33
    Freehold, New Jersey 07728
    O:  (732) 431-5000 X 125
    F:   (732) 462-0483
    C:   (732) 915-5190
    E:       [email protected]

     

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