Usually, the Plaintiff presents his evidence. This is sometimes called the Plaintiff's case-in-chief.
Then, the Defendant present his evidence (the Defendant's case-in-chief).
Then, the Plaintiff can call "rebuttal witnesses" to rebut the testimony and evidence raised by the Defendant.
Then -- if the judge permits it -- the Defendant can come back with a "surrebuttal" - meaning a rebuttal to the rebuttal.
That's the general pattern.
Mark S. Guralnick
Sounds like you need to file a motion to enforce litigant's rights, in order to hold the mother in contempt for not bringing the child to you. It may also be necessary to have an expert witness perform an evaluation of the situation, which will help you get through to the judge. I have a great deal of experience in Camden County, and would be happy to help you. Please feel free to call.
Mark S. Guralnick, Esq.
NEW JERSEY CUSTODY LAWYER...
I hate to say it, but you need to get a court order. Verbal agreements are good, as long as everybody keeps communicating....but the mother's behavior now illustrates why you need a piece of paper. You should file a motion for joint custody or visitation (depending on what you're looking for). You can mediate and reach a friendly settlement, but be sure you get a court order that requires the mother to communicate with you.
I'd be happy to help. Feel free to call my Jersey City office at...
Both the agreement and the "sphere of influence" argument will be up for grabs. However, the new information you just provided strengthens your case, and I would argue that support should be terminated immediately under the express terms of the agreement.
Call, and let's set it up.
Harassment comes in two forms -- the criminal case and the domestic violence case. If the person is not related to you and is not somebody you've ever had a dating or intimate relationship with, then you can file a criminal charge of harassment against the person by calling local police or going to the police department and advising them that you wish to file a private criminal complaint against somebody. This will lead to a hearing in Municipal Court.
If the person is a family member, a...
There's a few places we have to look to answer your questions. The starting point is N.J.S.A. 9:17B-3 which says that persons over 18 are legal adults. So, first, how much beyond 18 years old is your son? Then we look at the famous precedent -- Newburgh vs. Arrigo -- that addresses the 12 factors involved in paying support and tuition for college kids... The court will be required to balance all of the factors -- the child's needs, interests, and independent resources, the family's reasonable...
I think you probably have a good shot at success. In fact, in my experience with emancipation motions (25 years so far), where a kid is failing in college, there's usually other evidence of his unproductive lifestyle. As you may know, the judge will be considering whether the child is now "outside the sphere of influence of his parents." In other words, is he acting independently, doing his own things, making his own life decisions (if even bad ones)? Or is a homebody, who still lives with...
If you and your spouse have a combined income that goes beyond the guidelines, then the court must consider the published child support factors which appear in the state statute.
The factors to be considered are:
(1) Needs of the child;
(2) Standard of living and economic circumstances of each parent;
(3) All sources of income and assets of each parent;
(4) Earning ability of each parent, including educational background, training, employment skills, work experience, custodial...
Good question. First, you should act promptly to preserve your rights. If you were struck by a taxi, you want to promptly identify all target defendants, register the proper claims with the proper insurance carriers, and give the proper notice of your claims.
As for the taxi medallion, New York law may permit you to reach such valuable assets, particularly if you can demonstrate a pattern of negligent entrustment, negligent driving, etc.
Under New York law, in fact, if your facts are...
Under New Jersey Court Rule 5:3-7(b), whenever a party fails to pay child support or alimony, the court can proceed by:
(1) fixing the amount of arrearages and entering a judgment upon which interest accrues;
(2) requiring payment of arrearages on a periodic basis;
(3) suspension of an occupational license or driver's license consistent with law;
(4) economic sanctions;
(5) participation by the party in violation of the order in an approved community service program;