Legal Question in Family Law in New Jersey

Motion/Cross-Motion
My husband is a pro se litigant - now so is his ex-wife. He filed a motion recently to reduce and recalculate child support based on losing his job and actual income potential.

His ex-wife cross-motioned for her own two issues; however she did not actually include the notice of motion page. She had a cover letter listing what she wanted the court to do and a certification in response to my husband's motion and in support of her motion. The motion (application) itself was not there.

Does my husband still have to respond to her motion? Or should my husband point out to the court that she did not actually file a motion? Will the court consider her motion without the necessary form (paper work)? Please advise in as much detail as you are able.

My husband and I are in a peculiar situation and cannot afford legal counsel. Any and all help is greatly needed and apprecitaed.

Asked on 7/21/09, 4:55 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

0 users found helpful

0 attorneys agreed

Re: Motion/Cross-Motion

Courts are usually pretty lenient with the form of documents that are submitted by pro se litigants. As long as the substance is understandable and it is clear what is being asked for and what is being responded to, the Court will usually consider it. I would suggest that you deal with the substance of what was filed and not worry about the form.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, if you have any further questions, you should contact a Family Law attorney discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

Answered on 7/21/09, 6:08 pm

Mark as helpful