SPARC Forums

We live NV
they live NJ
case in NJ

our notice of motion is scheduled to be heard by judge whoever Dec. 2nd. We got notification from the courts that they received paperwork.
What happens if the defendant never responds to us or the courts?

#2 - if the plaintiff did not specifically ask that the change in CS be retro to the date of filing, what happens?

>We live NV
>they live NJ
>case in NJ
>
>our notice of motion is scheduled to be heard by judge whoever
>Dec. 2nd. We got notification from the courts that they
>received paperwork.
>What happens if the defendant never responds to us or the
>courts?

You still have a hearing and you make your case, but if the other party tries to introduce evidence and you haven't had an advance look, then you object to the introduction as an unfair surprise, in view of the party's failure to submit any responsive brief, and ask the court to either exclude it, or continue the hearing until you have a reasonable opportunity to consider the evidence submitted so as to prepare to fairly meet it.

>#2 - if the plaintiff did not specifically ask that the change
>in CS be retro to the date of filing, what happens?

It will still likely be retroactive. The court has discretion, and most states have case law and/or statutes mandating that the children get the maximum benefit of the doubt, except where an obligor can show that imposition would be unjust or inappropriate in a particular circumstance.

I don't know what the motion is for, so I can't tell whether you have an argument to not impose retroactive support.

1 - emancipation of a 23 year old



2 - reduction of CS reflective of the emancipation

>1 - emancipation of a 23 year old
>
>
>
>2 - reduction of CS reflective of the emancipation

Well, like I already said, regardless of whether there was a request for retroactive support, the court will probably act in a manner that minimizes the effect on the obligee parent. This could be a little different since the child is 23, but it's also NJ, and there's no other place in the U.S. where a 23 y o could even hope to receive one penny of child support.

It's so utterly ridiculous, that it makes my eyes water just reading your facts.