Motion hearing gets twisted by ex's false allegation and ends with visitation suspended

[Beated up in NJ]

  Sadly and disapointed, in Sept. I had taken the ex into court To seek either a forced sale of marritablr property, or at least have her refinance the marritable mortgage to get my name off of it. We have been divorced for 3 glorious years and I was current todate with my child/allimony payments, as she was 3 months late on the mortgage. I had surrendered the house for the childrens sake, so they had a familiar envirement and non transfer of school districts. I also was seeking a change to pick up and drop off of the visitation as I was doing every trip and I lived 80 miles away. Her and her attorney had put together false allegations such as, I'm a bad father, My fiance and I are alcholics,and we fight in front of the children. The judge in this matter had been diverted by these allegation and quickly denyed my requests and had ordered me to anguremanagement, counciling and AA. and suspended my visitations till these analysist reports come back to him. After 4 motion hearings on this issue. I had motion the court For modification of child support and allimony, as that I had lost my business amongst this time period, and surviving on unemployment trying to start up A home based business. I also am seeking that these prior motions bee dissolved and move to a plenary hearing whereas I can hire an attorney to unravel this twisted affair that the ex and her attorney had dreamed up.       The Questions I have are from my new motion and are as follows:        1) Being that my business could not afford the continuous medical benefits, to the employees, I was forced to go on cobra for the childrens benefit and mine, to the tune of $3000+ which is the spit value from the origional sum. there is a prevision in the divorce decree that states that if the employers of both parties do not provide medical benefits then both parties shall split this cost in the private sector.  Is there NJ case law or Rules to help me fortify this claim?       2) At the time of the divorce the decree stated that the plaintiff is to payoff the joint marritable credit cards with his pension monies, this was fine up untill I recieved and IRS bill for early penalty of $10,000 Is ther NJ caselaw or Rulings to reclaim this unforseen  half amount of $5,000 ?    3) The house was set at a fixed value of $200,000+ at the time of the divorce and if you add to this 10% realestate increase annum for the past 3 years the revised value is $266,000+. The ex is in process of selling this house as she can,t afford it any more, and REMEMBER that my name is still obligated to this mortgage. The market value of this house now is $400,000 is there NJ caselaw or Rules to have the proceeds over the sum of $266,000 from $400,000 ($134,000) be put in trust for the three children and not for the sole benefit of the ex and her paramour?           SEEKING HELP IN NJ IMEDIATELY!

[socrateaser]

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[4honor]

State is NJ.

Divorced for 3 years. I was current to date with my child/alimony payments.  I had surrendered the house for the childrens sake, so they had a familiar enviroment and no transfer of school districts.

In SEP I had taken the ex into court to seek either a forced sale of marital property, or at least have her refinance the mortgage to get my name off of it. She was 3 months late on the mortgage.

I also was seeking a change to pick up and drop off of the visitation as I was doing every trip 80 miles one way.

Her and her attorney made false allegations such as, I'm a bad father, My fiance' and I are alcholics, and we fight in front of the children.

The judge in this matter was diverted by these allegations and quickly denyed my requests and had ordered me to anger management, counciling and AA. He  suspended my visitation 'til  analyst reports come back to him.

After 4 motion hearings on this issue I had motioned the court for modification of child support and alimony, as that I had lost my business in this time period. I am surviving on unemployment  & trying to start up a home based business.

I also am seeking that these prior motions be dissolved and for a finding on the allegations.

Being that my business could not afford the continuous medical benefits, to the employees, I was forced to go on cobra $3000+ there is a provision in the divorce decree that states that if the employers of both parties do not provide medical benefits then both parties shall split this cost in the private sector.

At the time of the divorce the decree stated that the plaintiff is to payoff the joint marital credit cards with his pension monies. This was fine up until I received an IRS bill for early penalty ~ $10,000.

The house was set at a fixed value of $200,000+ at the time of the divorce. If you add to this 10% real estate increase per anum for the past 3 years the revised value is $266,000+.

The ex is in process of selling this house as she can't afford it any more. My name is still obligated to this mortgage. The market value of this house now is $400,000.

1) Is there NJ case law or Rules to help me recoup half the COBRA cost of the kids' health insurance?

2) Is there NJ case law or Rulings to reclaim  or otherwise credit half this unforseen penalty amount?

3) Is there NJ case law or Rules to have the proceeds over the sum of $266,000 ($134,000) be put in trust for the three children (and not for the sole benefit of the ex and her paramour)?

[socrateaser]

>1) Is there NJ case law or Rules to help me recoup half the
>COBRA cost of the kids' health insurance?

You need to post the EXACT text of your court orders concerning the parties' obligations re health insurance for your children/spouse.

>
>2) Is there NJ case law or Rulings to reclaim  or otherwise
>credit half this unforseen penalty amount?

Is your penalty on your personal tax return, or on your corporation, and if there are any orders regarding your tax returns in your divorce decree then you need to post the EXACT text here.

>
>3) Is there NJ case law or Rules to have the proceeds over the
>sum of $266,000 ($134,000) be put in trust for the three
>children (and not for the sole benefit of the ex and her
>paramour)?

If your divorce decree distributes the home to your spouse, then that house is her sole property as of the date of the decree, as is any profit generated from its sale. You cannot force her to put the money in trust for the children -- although you can ask the court to treat that money as income for the purposes of calculating child support, assuming that your spouse's income is considered in the NJ support guidelines.

As I have mentioned to others in this forum, in my opinion, there is no place in the USA that I can think of that is worse to be divorced in than NJ, especially if you have children and you are the non-custodial parent.