Legal Question in Family Law in New Jersey

Hi, I want to file a cross-motion to my husband's motion. We are divorced 4 years. One Daughter 14 years. My 1st marriage, his 2nd marriage. I'm 54, he's 53. I receive $535.00/month child support. He was inputted $55,000/year, unemployed at the time, but has potential to make that amount. I have a few questions that I would like answered before I proceed.

1. I want to be sure I'm using all the right forms. I took them from the NJ Courts Online website. Form B (Certification in Support of a Motion) is this the correct form to fill out for my cross motion? Form D (Certification of Filing and Service), Form E (Notice to Litigants: If you want to respond to this motion you must do so in writing). Do I need this one? Form H (Letter to the Clerk of the Superior Court). Do I need this one? Any other forms?

1. In our decree, it states that we should share our W2's, Income Tax returns and paystubs each year until our child is emancipated. We have never shared this information before, until I got the request last month. He is self-employed & he gave me his tax returns only. Can I only share my tax returns as he did, even though I have W2's, paystubs. If not, could I cross out any information I don't want him to see. i.e what I'm saving in my retirement fund? His objective is to lower his child support, so all he needs to know is my salary, plus he'll have the tax return and W2's.

2. We have never fully resolved the personal property/household distribution issue which decree states to do on our own, by mediation or by the courts, if necessary. He was allowed access to my entire home soon after our divorce to take all his personal belongings. He rented a moving van and hired a man to help him. He now wants to come back to my home after 4 years saying we didn't resolve the personal property issue. He wants to see what's there that he might have forgotten and either take it or go to mediation for it, but only until he comes into my house can he make that determination. I don't believe he should have access to my home to go shopping for what he might have forgotten. I asked him on several occasions what he's looking for, but he never told me. He's lived in the house for 10 years, so he should know what is in there. I feel I did my part in allowing him into my home 4 years ago to retrieve his stuff. What is your take??

Part B (From Above). I have provided him with a list of household items, valued them and did a monetary split. He was not happy with what I provided him, but did not come back with any other list, hence wanting to come into my home. There is not much in my home that is of value. I brought my furniture to the marital home that we used during our marriage (Master Bedroom suite, Spare bedroom, kitchen set, living room tables, Oriental rug). Basically, the second floor is all mine pre-marriage. He only had an antique bed in the spare bedrooms that he took during his visit. The only thing of value is the dining room set that we bought with wedding money. I told him to take it, but he said he didn't want any items, just half the value. The family room has been redone with new furniture. He says that he is entitled to half the value of the previous furniture (sofa and loveseat). The value of both were about $850.00, 15 years ago. Can he go after stuff that is no longer in the home? Can he take half the value of my Jewelry?

3. At the time of the divorce, our income ration was 45% him and 55% me for anything we had to share for our daughter.

- Since our salaries are much closer now, can I have this changed to 50/50? What do I have to provide, other than seeing my salary, W2's and tax return?

- Also, at the beginning of the divorce, he gave me monies for her extra stuff, soccer, CCD (religious education). For the past 2 years, he has refused to give me money for any of this ad hoc stuff. He said he shouldn't have given it to me in the first place, it should come out of child support. There is nothing stated in our decree that specifically states that, but my lawyer casually said that anything ad hoc, you just share it. Do you think because it is not in the decree that he doesn't have to pay anymore? I don't have any record of him paying for anything. When he did, he just wrote the check. Also, there were a number of school trips throughout the year that she went on that cost over a $100.00 that I never asked him for. I believe he should have give his share of them too. What do you think?

4. Continuing from above...Can I add the expenses I have incurred on my daughter's behalf from 2007-2010 into my cross-motion? I have created a spreadsheet of all her expenses from 2007-2010 for School, Medical, Other that he has not contributed to. Could I add this as Other and attach to the cross-motion? Are you allowed to bring in other issues in a Cross-motion or are you supposed to stick to the original motion and not bring in anything new?

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