Eatontown, NJ asked in Divorce and Family Law for New Jersey

Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

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3 Lawyer Answers
Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. First and foremost, all motions are required to be sent via regular and certified mail. I would call whatever courthouse where court is allegedly scheduled to occur. You are looking to speak with the family division office. Once there with your name and even better if you have the docket number, they will be able to tell you if Court is scheduled and before what Judge. At that point, you are going to want to ask to speak with the Judge Lawclerk and get their information. You need to contact them to advise you have not received a copy of any filings. I hope this was helpful to you.

Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. The simple answer is you need an adjournment because you were not properly served. You can contact the Court directly and explain that you were never served. They will likely put you in touch with the Judge's law clerk.

The best thing to do is to consult with experienced counsel. After you retain, your counsel will take care of the adjournment request, and with your input, draft the response. Many firms, including mine, offer free consultations that will give you legal advice specific to your situation.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: As it stands, you know that your ex filed an application for termination of alimony ( I presume that term ..means termination) and therefore you need to act immediately since I can assure you that he will claim that not only did he send the papers to you but that you and he spoke by text or phone about the application.

You need to contact the judge handling your matter in writing today, telling the court that you have not received a copy of the papers and therefore cannot respond to his claims. You need to copy your ex on that email/letter to the court and retain a copy of that paperwork. I would call the family part of the superior court in the county where the application was filed (the same county that handled the divorce) and tell the clerk that your ex filed a post-divorce application for termination of his alimony obligation but that you did not receive the papers and you need to reach the law clerk to the judge handling the matter to find out how to get a copy of the papers. Make sure you write down the name of the person you speak with and make sure you get the name of the judge handling the matter and the name and email of the law clerk to communicate with. Do not wait or think that you are simply going to show up and tell the judge on the return date what happened. By then, the judge will presume that you simply were not opposing the request and therefore he will rule on the application without any oral argument ( appearance in court) and then you will simply get an order in the mail terminating the alimony, and then it will be much more expensive setting to correct.

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