Wording for notice of motion....

[jolawanda]

Case in NJ
We live NV

we are filing a notice of motion for emancipation of the oldest 23 year old adult child (spit nails LOL)....

Do you think it wise to include asking the NJ court to force NV to get the 11K judgment released as it was satisfied w/ the monies for arrearages paid in Jan? Should we include a copy of the monies paid to the CP in Jan?
If so, what is the best wording? And how to we insure it gets done?


Thanks~

[jolawanda]

how can we ask that the next kid who is now 16 that she be emancipated at 18?

This would be the reason:
The mother has failed throughout the past  years to provide any enrollment verifications  for any of the other children that have already graduated college.  
She has in the past ignored all of the court orders stating she is to provide this on a quarterly basis.

[socrateaser]

>Case in NJ
>We live NV
>
>we are filing a notice of motion for emancipation of the
>oldest 23 year old adult child (spit nails LOL)....
>
>Do you think it wise to include asking the NJ court to force
>NV to get the 11K judgment released as it was satisfied w/ the
>monies for arrearages paid in Jan? Should we include a copy of
>the monies paid to the CP in Jan?
>If so, what is the best wording? And how to we insure it gets
>done?

NJ has no jurisdiction over satisfaction of an NV judgment. If you have satisfied the judgment, then you are entitled to a satisfaction document filed by NV CSE with the court. If they are unwilling to do so, then you could sue them on a writ of mandamus or in a negligence action, but I don't know why they would object if the judgment is satisfied.

[socrateaser]

>how can we ask that the next kid who is now 16 that she be
>emancipated at 18?

You can't, and all of your reasons are irrelevant. This is a different, innocent child, and you can't impute the mother's actions onto that child. All you can do is to ask the court to make orders to make certain that the mother's legal obligations precise and well understood by her, so that if she fails to follow the orders, you will have a contempt action.

[jolawanda]

that one state ask the other to reciprocate a CS order but, when the outstanding arrerages are paid in full to the originating state, the reciprocator doesn't have to follow suit?

The lovely CSE in NV said they would not release that judgment dated from (i believe) 2001 because Mr. Jola fell into arrears after the 26K arrearages were paid to NJ in 2004. he fell into arrears a total of 3K cause he was not employed and NJ refused to grant a temporary reduction.

This all happened right when we were refinancing our home last year.
Personally, I think Ms. Greene NVCSE has a hard on for Mr. Jola because we overprovide her proof!

We have a letter from NV CSE dated 2003 that NV closed their case against Mr. Jola anyhow stating we were to contact NJ if we needed assistance taht NV wanted nothing more to do w/ the case.

[socrateaser]

>that one state ask the other to reciprocate a CS order but,
>when the outstanding arrerages are paid in full to the
>originating state, the reciprocator doesn't have to follow
>suit?
>
>The lovely CSE in NV said they would not release that judgment
>dated from (i believe) 2001 because Mr. Jola fell into arrears
>after the 26K arrearages were paid to NJ in 2004. he fell into
>arrears a total of 3K cause he was not employed and NJ refused
>to grant a temporary reduction.
>
>This all happened right when we were refinancing our home last
>year.
>Personally, I think Ms. Greene NVCSE has a hard on for Mr.
>Jola because we overprovide her proof!
>
>We have a letter from NV CSE dated 2003 that NV closed their
>case against Mr. Jola anyhow stating we were to contact NJ if
>we needed assistance taht NV wanted nothing more to do w/ the
>case.

You keep speaking about an NV judgment for $11K and an NJ arrearage of 26K. An arrearage is not a judgment is not an arrearage. If the court says that you're in arrears, it means you are behind in your payments. If the court orders you to pay something extra every month in order to satisfy the arrears that is NOT a judgment of arrears -- it's just an order to pay a little extra to extinguish your unpaid support balance.

A judgment of arrears is a final order that states, X owes $Y to Z. That "judgment" is like a negotiable bond. It has a face value and can be collected on by separate enforcement proceedings, for instance, by having the Sheriff seize your home and sell it to pay the judgment.

Can't do that with the order to pay a little every month to catch up on your support arrears.

Point is, that when you talk about an NV judgment for $11K, and a $26K support arrearage, that makes me think that you have a $36K debt, of which you've only paid $26K and you still owe $11K.

I don't really know, but as I said in the previous post, if you have a separate NV judgment, then NV has control over that judgment and if you've satisfied it in full, then you're entitled to a written "satisfaction of judgment," which is like a "paid in full" stamp by the creditor, who in this case appears to be NV CSE, based on your facts.

Now, you know that I already think you have the most complicated case in the history of family law, so it's no wonder we're all a little confused here. Anyway, I don't really know how to help unless you can explain exactly what it is that you paid and what you still owe and to whom, and what paperwork exists to prove that the debtt(s) are still owing or are paid.

[speciallady]

Ms. Green(e) is also handling our case in NV.
So far, she's been pretty helpful though.....

[jolawanda]

what I believed has happened is that NV dropped the case and closed it. NJ got sick and tired of the arrearage balance. Even though Mr. Jola was paying his CS and sent the info to NV again. So, from that date of re-opening of the case, that difference would be 11K.,............



Oh hell soc, I don't fucking know anymore either! :)
I used to be able to use a damn calculator until family courts came into my life! :) sheesh!


Can I borrow your child of five please?

:)
I w/ consult with my sweetheart of a husband Mr. Jola and maybe have some freaking clarification for you......

jeez~~

[jolawanda]

sure Ms. Greene is helpful as long as SHE is right.

:)