Soc - need some help w/ NJ sctuff

[jolawanda]

We live NV
case NJ

Refresher: had a court date of july 7th, per the judges clerk. All was set to go, no response from the CP.

Last week we get back the notice of motion / enforce from the state of NJ certified. In it was a form letter saying that the case could not be heard and was being rescheduled for August 11th to go before a hearing officer. WTF? so, Mr. Jola gets on the phone to find out why we got all our info back? And what happened. He was explained by someone in the Hearing officer area that since it was asking for a CS reduction, that is where it would have to go. He tried to explain that this was in response to the ruling from Jan 06 that the judge said May 31, 2006 was OK to emancipate. She saw that info. She said that since he did not rule as to a change in support amount at that time, it remains the same. Until the ruling for reduction. Nice huh? She also seemed very confused though. And she said that Mr. Jola would ahve to appear. He explained the difference in geographical locations. So, she sugested to get a hold of the judges clerk again. He did that on Fri and the clerk said it never made it to the judge and that he would have to ask for it to be turned over to the judge. Oh, also, Mr. Jola was told several times that since the CP did not ever respond she would not  get a chance now either. Even if she showed up. She definitely didn't reply to the notice.

Sooooooooo
Which road do you think would be best to go down?

the hearing officer?
the judge?
and why?
We did find out that Mr. Jola can simply go to a family court here in Vegas to appear so to speak. Even though he clearly waived oral argument.
Can this state get any more screwed up???????????? Geezuz!
so, the clerk is gonna call Mr. Jola on Monday or tues and let him know what can be done. But, your expertise opinion will help WAYYYY more than them.....

[socrateaser]

>Which road do you think would be best to go down?

First of all, as long as there is still a child entitled to support, you ARE asking for a modification, even though also asking for the emancipation. So, don't get confused about that. If the hearing officer cannot decide the emancipation issue, then you should go to the judge directly, and explain that it is not judicially efficient for the hearing officer to hear the modification, because the officer is without authority to determine the emancipation issue. I don't actually know whether the hearing officer has such authority or not.

I suggest that you write a latter to the judge in your case and copy the hearing officer if you know that person's identity, and explain that you are concerned about the authority of the hearing officer's authority to rule on the question of emancipation, and that if the hearing officer's authority is limited to questions of support modification, that you ask that the judge hear both the emancipation and support modificaiton issues, in the interest of judicial efficiency.

Also, ask permission to appear by telephone, in the event that oral argument is ordered by the court.

Serve the other party with a copy of the letter, otherwise the judge won't read it.