Asked in Family Law and Child Support for New Jersey

Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years. My wife and I purchased a house together. I am not sure what this means and why is my children's mother doing this. We have been separated for 14 years and never married. She works and has a 7 year old child from another relationship. What should o do? What do I need to prepare for this court date? What does she want? We are all located in NJ

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1 Lawyer Answer

A: You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.

In response, your ex filed an "Order to Show Cause" seeking emergent relief. Calling it a "Crowe vs De Gioia" application tells me nothing. The case simply is a NJ Supreme Court decision from 1982, which laid out the standard for a court to grant someone emergent relief.

In filing her Order to Show Cause, your ex submitted a certification ( written statement under oath) where she laid out her reasoning for emergent relief and presumably her opposition to your application.

Not only do you need to read every line of her certification and attachments but you need to prepare a written response to it and you must file it with the court in accordance with the time line set forth in the court rules. If you don't file opposition (written certification with appropriate attachments) with the court and with your ex by the date required, then presume the court will view her application as "unopposed," and the court can grant her the relief sought. Don't ever think that you will simply walk into court and explain your position to the judge. Start with the presumption that if you fail to timely file opposition papers, you will lose and the court will not entertain your position - if you want to represent yourself, most judges take the view that you are obligated to know the court rules and comply with them.

Michael Andrew Conte agrees with this answer

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