Legal Question in Family Law in New Jersey
I am a recently divorced woman (a little over a year) who is struggling with an ex husband who constantly uses legal threats and court motions, appeals, etc to try and have his child support eliminated. Our divorce was drawn out, and to try and get the process over with I waived alimony (we were married for 20 years in NJ)and accepted child support. We started at over 300 per week and when it was over he was paying 85 weekly for two of my children. In less than a year the court already had to start garnishing his wages to get him to pay. Since then he has filed motions and appeals (he lost all of his motions) to have the support eliminated. He uses his interpretation of our divorce agreement to try to achieve this. I'm a working mom-single-supporting two children. I really need that 85 payment, but the constant letters and briefs etc are very time consuming to respond to and they are always filled with untruths and accusations. It creates a lot of stress in my life. Do I have any legal recourse?
-Mary
1 Answer from Attorneys
If someone is filing frivilous motions, you can get counsel fees, seek sanctions, etc. If they are legit motions, there may not be much you can really do.