NJSBA Family Law Section

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  • 1.  What Forms Do I Have To Submit In This Case

    Posted 02-01-2016 01:00 PM

    Dear Colleagues:

    I represent defendant father in a FD case. Parties went to court themselves in November 2015 and they met with an probation officer in an "intake conference" following mother's application for family support. Client had recently lost his job but says he believed based upon what he was told at the conference that he had to agree to pay child support based on his then year to date from the job he had recently lost; he saysthe probation officer said this was required. There was a consent order entered for child support and parenting time, but the plaintiff-wife also wanted defendant-father to pay for the mortgage and utilities at the marital home, so the case was relisted in January, 2016.

    Defendant thereafter retained me shortly before the mid-January court date and I did not have time to file anything on his behalf. We attended court; Judge said it was a summary proceeding but he adjourned the hearing and directed the parties to both submit updated case Information Statements "as well as any other information that is relevant to the issues to be decided." The case is relisted for mid-February, 2016.

    I am not sure what form, if any, my client's submission of "any other information that is relevant to the issues to be decided" I need to use. I realize i can attach a certification. I want the judge to also take a look at the child support number because if he is going to consider my client having to pay other household bills for the wife and children, he needs to look at the child support figure based on the current circumstances, as he is earning far less now and is, in fact, receiving partial unemployment.

    So, what form do I need to submit besides the CIS? Thanks.

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    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600
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  • 2.  RE: What Forms Do I Have To Submit In This Case

    Posted 02-01-2016 01:32 PM

    You use the FD forms on the judiciary website.  There is now an additional form for Attorney Submissions and you can attach a Certification or anything else you deem you need.  In this case, don't you need proof of your client losing his job and being unemployed and unemployment benefits etc.

    Is there a motion pending? Can you file a cross-motion to modify the prior order?  use the FD modification of order forms.

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]

     






  • 3.  RE: What Forms Do I Have To Submit In This Case

    Posted 02-01-2016 01:46 PM
    Alice:

    The new form appears to only be if you want the case to be deemed complex under Rule 5:4-2(j). 

    Yes, I have to submit the proofs of his job loss and his earnings now. I don't know if I can submit a request for modification to be heard at the same time but I can try. Technically, the original application was deemed by the court to still be open because the wife's application was for child support and payment of mortgage and utilities. I will try. 



    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.
    (732) 972-1600

    Visit my website: www.mydivorcelawyernj.com





  • 4.  RE: What Forms Do I Have To Submit In This Case

    Posted 02-01-2016 01:48 PM

    don't you think this is a complex case?  I do. it is not summary any longer.

     

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]