NJ question this time soc..

[jolawanda]

the court date for the notice to enforce emancipation and the request for a reduction is this friday. We got notification back via return receipt that the cp received papers (wthin timeframe). we haven't gotten a rebuttal, not one word...How does that work now? Can she ask for an extension without notifying us properly?

This could save us 230.00 a month if she doesn't respond. That would be halved due to the 25 year old off the payroll.

[socrateaser]

>the court date for the notice to enforce emancipation and the
>request for a reduction is this friday. We got notification
>back via return receipt that the cp received papers (wthin
>timeframe). we haven't gotten a rebuttal, not one word...How
>does that work now? Can she ask for an extension without
>notifying us properly?
>
>This could save us 230.00 a month if she doesn't respond. That
>would be halved due to the 25 year old off the payroll.

There's no requirement that a party respond to a motion -- the response can all be done orally during the hearing. However, you can object to the other parent introducing any evidence to support the maintenance of the status quo on grounds that you had no prior notice, and that the evidence should either be excluded or the matter continued until have an opportunity to fairly prepare to meet this new evidence.

As for asking for an extension, it must be done on motion prior to the hearing, so no, you shouldn't receive a surprise, and if you do, you can argue that it wasn't submitted in good faith, but rather to just stall the inevitable loss of income to the other parent.

[jolawanda]

do we get what we asked for via default?

[socrateaser]

>do we get what we asked for via default?

If the other party appears, then she can argue her case. She can even offer evidence, and it is all admissible, except where prohibited by local rules. Your only recourse to the unfair surprise of evidence is to request a continuance, which would be granted, although you could also probably get your attorney fees and costs paid for having your time wasted.

There is no "default" on a motion. Even if the other party is a no show, you must still argue your case and the court will consider the weight of your evidence against the non-existant evidence of the other party, COMBINED with the court's obligation to resolve any ties in the child's best interests.

Practically speaking, the court would be forced to rule in your favor, assuming that you produced sufficient evidence to place the question fairly before the trier of fact (legal-speak for a fair probability that you've proven your case).

If she doesn't show, I would ask the court for attorney fees and costs on grounds that the other party's failure to appear or respond to your motion, and her failure to agree to stipulate to an order terminating support for the child, is a waste of the court's time and in bad faith.

You should make certain you have evidence that you asked the other party to stipulate to terminating support, and that they never responded or refused to settle. Otherwise, this last avenue will be unavailable.

[jolawanda]

You should make certain you have evidence that you asked the other party to stipulate to terminating support, and that they never responded or refused to settle. Otherwise, this last avenue will be unavailable

[socrateaser]

You're arguing that the other party didn't negotiate in good faith as the reason why you should get fees and costs for wasting the court's time. But if you never offerred to settle the matter before the hearing, then you didn't negotiate in good faith, either, which means that the court can (and will) deny your request, because you come to the court with what is known as "unclean hands" in the transaction before the court.

[jolawanda]

she actually asked in the last court order that May 31 was what she wanted the  court to use as a date of emancipation. They granted that.

she asked for an increase in the last order also. The judge ruled that was prematurely asking for an increase.

so, she did know about those things right?

[socrateaser]

>she actually asked in the last court order that May 31 was
>what she wanted the  court to use as a date of emancipation.
>They granted that.
>
>she asked for an increase in the last order also. The judge
>ruled that was prematurely asking for an increase.
>
>so, she did know about those things right?

You are missing the point. You have a duty to try to avoid a court appearance by negotiating with the other party in good faith, if your goal is to get that party to pay for your having to appear with an attorney. If you don't, then the court won't grant your request, because you will have failed to make the good faith effort to settle.

What the other parent knows now or was told in prior hearins is irrelevant to this issue.

[jolawanda]

is simply to reduce support and emancipate. Are you saying we should have contacted her and asked her to agree to reduction? Even though she made it clear she wanted an increase?

[socrateaser]

>is simply to reduce support and emancipate. Are you saying we
>should have contacted her and asked her to agree to reduction?
>Even though she made it clear she wanted an increase?

Generally, you should request in writing that the other party negotiate in good faith, before seeking legal relief. If you're filing pro se, then the only costs you have are your filing costs, so it's not really a big deal.