Pro Se Procedural Arguements in Family Court
My question involves court procedures for the state of: New Jersey
I am appearing Pro Se in NJ Family Court, and am requesting modification of child support, due to change in financial circumstances.
My original judgement was in 2009, under which I have paid support to primary Custodial Parent (CP). I have filed motion for reduction in support, due to significant increase in CP's earnings, and reduction in CP's expenses as well as increase in my own expenses since the original judgement due to debt (largely incurred due to divorce and post judgement proceedings).
CP has retained an attorney, who has answered my motion only with a procedural argument, stating that while I filed a full current financial disclosure (updated CIS, tax return, paystubs, credit report showing debts), I did not also provide a copy of my original CIS on which the original support order was based.
Further, CP's attorney responded to my motion with only CP's original CIS, and provided no current documentation. It appears to me that CP's attorney is attempting a procedural stalling tactic, in order to delay a ruling (CP had requested an adjournment, which was denied by the Court).
I have immediately (the morning after receiving CP's response) provided a supplement to my submitted exhibits, providing my original CIS, however I was able to do so only after the deadline for CP's response to my motion.
Does the fact that my original CIS is being submitted late (6 days prior to scheduled hearing) warrant a rejection of my motion? If the Judge does accept my supplement, how is CP's refusal to provide updated financial documentation handled by the Court?
Thank you.
Re: Pro Se Procedural Arguements in Family Court
I'm not an attorney and I'm not in NJ. In Oregon, I would have filed a "request for documents" which is actually a demand for documents asking for, with specificity, the items you want and need about the CP's current financial status. This is part of "discovery." You are entitled to that, but only if you ask for them. No attorney worth his salt will give you anything you don't "demand."
I don't know what your deadlines are, but it's apparent you're too late.
I'm answering you only because it sounds like you need a fast answer, and I hope someone who knows your state will weigh in.
I would immediately file a motion for continuance (delay of trial) for time to complete discovery. With that I would also file the request for the documents. In some states you can file the request for discovery (documents) yourself with "proof of service" added to it, attesting that you placed a true copy in the mail with proper postage attached. In my state I can, and I also have to do that with any motion. In some states, you have to file the request for documents with the court.
I would go to the clerk of the court first thing Monday morning prepared to file the motion for continuance and the request for documents. I would also be prepared (have stamped envelopes) to immediately mail the request for documents to the attorney. You can also have your proof of service statement attest that you hand delivered the documents to the attorney's office, and then do it. You don't have to actually give them to the attorney, just a secretary. (in Oregon)
I hope you get your continuance (delay) but plan on the attorney objecting due to time frame.
If you don't get your continuance and your documents, you should have the right to question the CP at trial about income and expenses all you need to as long as it's relevant to your request.
Someone else, please?