NJ Appellate Court decision

[johnw]

Dear Soc,
             I emailed you last night regarding the sole-parenting worksheet vs. the shared-parenting worksheet. Here is the opinion of the appelate court which agreed with the judge that she had the right to use the sole-parenting worksheet when I more than qualify for the shared-parenting worksheet. The judge agrees I have the kids 182 overnights per year.
"The guideline sates
                          The shared parenting worksheet shall be used if the Parent of alternate residence has the child for the substantial equivalent of two or more overnights per week,excluding extended par time (eg. vacations) and has shown that separate living accommodations for the child are provided in the alternate household...

There is no evidence that the defendant maintains separate living accommodations for the children. The record shows that the defendant lives in a townhouse with his girlfriend and her 6 year old daughter when the daughter is not visiting her father. The inference being that the defendant does not maintain separate accommodations for the children that would require additional expenditures on his part. We are satisfied that judge Cohen properly calculated support on the sole-parenting worksheet, and we affirm substantially for the reasons set forth on the record of March 11, 2004."

Soc, I bought this 3 bedroom townhouse 100% on my own 1 year after my divorce. My girlfriend and her daughter moved in with me. Every bill, expense, mortgage etc is in my name. This residence is 100% completely mine and I bought it for my kids and I.
How can they say I do not qualify for the shared parenting worksheet based on the evidence that I do not maintain separate accommodations for the kids?
Is it worth writing a letter to the judges that heard this appeal explaining I do have separate accommodations and can prove it?
What do I have to do to prove that I have separate accommodations?
What is my next move to get this corrected and put on a shared parenting worksheet?

This is sooooo wrong.
Thanks

[socrateaser]

f>There is no evidence that the defendant maintains separate
>living accommodations for the children. The record shows that
>the defendant lives in a townhouse with his girlfriend and her
>6 year old daughter when the daughter is not visiting her
>father. The inference being that the defendant does not
>maintain separate accommodations for the children that would
>require additional expenditures on his part. We are satisfied
>that judge Cohen properly calculated support on the
>sole-parenting worksheet, and we affirm substantially for the
>reasons set forth on the record of March 11, 2004."
>
>Soc, I bought this 3 bedroom townhouse 100% on my own 1 year
>after my divorce. My girlfriend and her daughter moved in with
>me. Every bill, expense, mortgage etc is in my name. This
>residence is 100% completely mine and I bought it for my kids
>and I.
>How can they say I do not qualify for the shared parenting
>worksheet based on the evidence that I do not maintain
>separate accommodations for the kids?

They didn't say that. They said that there is "no evidence that the defendant maintains separate living accomodations for the children."




>Is it worth writing a letter to the judges that heard this
>appeal explaining I do have separate accommodations and can
>prove it?

Your letter would go in the circular file.

>What do I have to do to prove that I have separate
>accommodations?

You take pictures of the child(ren)'s bedroom and the rest of the home and show your bills and evidence that you are the owner of the townhouse, and you file a motion to modify support, or a motion to reconsider and recalculate support according to the shared parenting workshieet, on grounds that substantial evidence exists demonstrating that defendant does in fact maintain separate accomodations for the children.

>What is my next move to get this corrected and put on a shared
>parenting worksheet?

See above.

 How is it possible that your attorney would not know to produce the necessary evidence to the trial court showing that you maintain a separate home for the kids?

So, either you DON'T actually maintain a separate home for the kids, or your attorney is comatose.

[johnw]

There has never been any question before as to whether I have my own home or not. . My attorney is on vacation so I have not yet spoken to him.
So are suggesting I go back to court asking for a reconsideration or take this to the Supreme court?

[socrateaser]

>There has never been any question before as to whether I have
>my own home or not. . My attorney is on vacation so I have not
>yet spoken to him.
>So are suggesting I go back to court asking for a
>reconsideration or take this to the Supreme court?

No appellate court at any level is permitted to review new evidence, so if, in the opinion of the appellate court, no evidence was presented to demonstrate that you have established a separate home for the children, then you must go back to the trial court and prove it.

This would require the trial court to either accept new evidence, not available prior to your hearing, as a prerequisit for reconsideration of its current support order, or you will need to file a new motion to modify support on grounds that you have establishished a separate home for the children, and orove that you are entitled to use the shared parenting worksheet.

[johnw]

Every bill, mortgage etc is in my name. Every bill is paid out out my own bank account, not a joint one. Based on everything you have read do you feel I have a solid case to go back to court with?

[socrateaser]

>Every bill, mortgage etc is in my name. Every bill is paid
>out out my own bank account, not a joint one. Based on
>everything you have read do you feel I have a solid case to go
>back to court with?

You are missing the point. The court doesn't care if you own your own home. The court cares whether or not you have "established a separate home for the child." That means, a bedroom for the child, with furniture and clothing and toys and so on and so forth. In other words, the court wants to know that you are actually paying out dollars to support the child under your roof, that you would not be spending were the child not living there 182 nights per year.

On that basis, you have not presented me with any facts to support this in any of your posts. This doesn't mean that I don't believe you, or that no such facts exist, but it does mean, that if I were representing you right at this instant, I would say, based on the facts presented, you have no case.

So, you tell me...do you have a case? Where does the child sleep during the 182 nights with you? Do your bills/receipts for groceries, clothing, meals, entertainment, school supplies, extra curricular activities, etc. demonstrate that you are paying for one half of the child's "necessities of life."

Far and away, the greatest cost of living is housing. So, can you prove that the child has her OWN room and that she occupies that room on 182 nights per year? If you can, you probably have a case. If not, you probably will lose.

[johnw]

I can easily show all of that. I have receipts for clothing etc. The kids rooms are decorated the way they like. They have their own toys here, their own bedroom furniture, and friends in this neighborhood. They have full closets of their own clothes, and very much this is a home for them. In any way necessary I can prove I have established an alternate residence for the kids.