Legal Question in Family Law in New Jersey

It has been nearly a year since my fiance and his ex wife has been divorced and theyve been seperated over 2 years. They have an MSA that CLEARLY outlines what is expected out of both of them in regards to parenting time, child support both physical and financial. However she.continues to file motions on things that are clearly stated in the MSA. For example she has 30 days in which she must send him a copy of medical expenses at the end of each quarter of the year but she must pay the first $250 and then they split the rest 60 40 according to income. But she has been negligent in showing proof that she paid her share and she always sends the paperwork after the 30 days. Not just a few days late but most recently 153 days after the period! This is just an example of how she refuses to follow the paperwork. This ia her 4th of 5th motion she has filed and sh has stated that she will continue to file until they are of age (assuming that's 18). In a nut shell...can my fiance file a complaint of harrassment because a lot of this could be resolved if she would just talk to him over the phone and not through email (which is rare) and stooped filing motions! Because she lives in New Jersey and we live in South Carolina and she's clearly getting joy out of filing motions and getting the court.involved in things that are petty and be solved easily by conversation!


Asked on 8/01/11, 2:33 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

You can file a cross motion for sanctions for filing a frivolous motion, meaning she will pay your

counsel's fee. You can also ask that the Court enter a restraining order against such futher future behavior. A significant financial sanction will slow her down.

Call me if you like.

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Answered on 8/01/11, 2:37 pm
Larry Raiken Larry S Raiken LLC

I agree with the previous answer. Other than the above no harassment complaint can be filed

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Answered on 8/02/11, 7:38 am
Gary Moore Gary Moore Attorney At Law

And I agree with the guy who agrees with me.

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Answered on 8/02/11, 7:40 am


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