Legal Question in Family Law in New Jersey
I am post-judgment divorce and both of us are pro-se. It's a long story how, but I ended up over-paying P-L alimony. I want to file a motion for its return. Because of that long story, I've paid this money in the form of personal checks as well as direct deposits into her personal checking account. I have the bank statements showing these checks and the receipts that the bank gave me for the direct deposits (they look like and give about as much info as an ATM receipt). Is this sufficient evidence? What else would I need for this documentation to be acceptable to the Court? Thanks.
2 Answers from Attorneys
Its hard to say but if you can show the court how much you should have paid and how much was actually paid it should be sufficient. Proceeding pro-se is very difficult and while it may save you money you may not achieve the end result you desire.
I agree with the other attorney. Going pro se is crazy. I think you are actually going to have problems because if I am representing the other side, I am going to say that the settlement of the divorce ends all issues between the two of you and thus, you waived any over payments as a result. You better hope she stays pro se because if I am right and she hires an attorney, you could wind up paying counsel fees. Perhaps a one hour paid consultation with an attorney could save you a lot of problems.
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