Maywood, NJ asked in Family Law and Child Support for New Jersey

Q: Looking to prepare a response to motion for enforcement of litigants rights.

Looking for any advice and insight on response to motion: any advice on content, format, links to helpful sites, etc.

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered (figuratively speaking). During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

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

A: So.... your ex has filed an application with the court for enforcement of a prior court order or agreement on an issue involving custody, parenting time, alimony, child support and or related expense items for children, support arrears, college selection or the college costs, or with regard to the division or turnover of an asset subject to division or some combination of the above and you are looking for general guidance on what you need to file with the court in response to that application. To begin with, your written opposition must be filed with the court and with the other side no later than 16 days prior to the return date of the other sides application ( filed on that Wednesday with a copy served on your ex or her lawyer by that date as well). Under the court rules, your certification in support of your opposition / cross application can be 25 pages typed and every family law specialist struggles to get their clients certification down to 25 pages - which is separate from the exhibits to be attached ( which does not have a limit but which must be specifically referenced in the certification and must have tabs so that judge knows which exhibit matches up with what statement in the certification. If your opposition is less than 25 pages typed, you probably are missing critical information. If any of the issues presented have to do with modification or reexamination of any of the support terms, then you need to submit your prior case information statement and your current case information statement and explain the details of the change alleged. The information above are simply the basics and have nothing to do with the substance of your submission or an analysis of the legal claims. The biggest item though is dont think that you are going to simply appear before the court and explain your actions or have the judge allow you to simply show up with documents and explain their relevance. The likelihood of that happening are 0.000000029575%

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