Did you know that only 44% of parents receive child support in full?
If you’re not receiving enough child support and need to file a motion, you’ve come to the right place. Getting divorced isn’t a simple process, and it can get even more complicated if you must file a motion with a New Jersey court.
Continue reading to learn how to file a motion in the NJ family court.
What Is a Motion?
An NJ Family Court motion is an application to the courts with a specific request. There are several different types of reliefs that a motion can ask for.
Typically in a New Jersey Family court, the motion will ask for a reduction or increase in child support, a reduced or terminated alimony, or even to emancipate a child.
Divorces can take a long time to be finalized. One party may file a motion to receive temporary child support. It should also request payment for specific bills, such as health care or attorney fees.
How to file a motion in NJ family court isn’t as easy as it sounds. You will need multiple documents that must be filed on time and correctly, or the judge could deny it.
You’ll need to file the motion 24 days before the hearing. This gives the other party time to prepare.
You will need copies of the following to send to the court with the motion if required.
- Any prior court orders
- Any expert report
- Any final judgment of divorce
- Tax returns
- Pay stubs
- Any CIS statements (prior or current)
- Any bills that you are requesting be paid by your ex
The first step to filing a motion is contacting an experienced New Jersey family law attorney specializing in divorce. The lawyer will ensure the forms are accurately filled with the proper wording and request.
Second, you will be given the time and date that the judge will hear your motion by the clerk. Your ex-spouse will also receive the document. Once your ex has been notified, they can write a letter of opposition and provide it to the court.
Typically, you are not required to be in attendance.
Finally, the judge will decide. Once the decision has been made, the judge will sign it, and your attorney will file it with the court clerk.
How to File a Motion in NJ Family Court
Knowing how to file a motion in NJ family court can be challenging. It can be an extremely stressful and overwhelming process.
Working with a family law attorney in New Jersey will be your best option. When working with a professional divorce attorney, you will have the best chance of your motion getting approved by a judge.
If you need to file with the NJ court, contact Dalena & Bosch today. Our passionate team of experts can answer all your questions, give you legal advice, and support you through the entire process.