Can I still file a motion to enforce litigants rights?

I filed a motion in September of 2008 to have my ex-husband pay his share of my son's college expenses as per our divorce papers, I was granted everything I asked for, he was suppose to pay me within 30 days, he didn't. I filed to enforce litigants rights and forgot to submit receipts AGAIN, so I was denied, I filed for reconsideration and attached all receipts again and was denied because the motion to enforce did not have the receipts attached. So can I re-file a motion to enforce litigants rights now? This can't be over, how can my ex get away with defying a court order from October and not be punished at all. - Is this your question? Add additional information
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Answers (3)

Ronald Anthony Sarno

Ronald Anthony Sarno

Contributor Level 9
I am assuming you did this pro se. which is never a good idea when so much money is involved. I suggest you bring the papers to an experienced NJ family lawyer to review. There could be many reasons why your motion was turned down. Did your ex offer opposition? Did he come to court with counsel? The short answer is you can re-file, but you need to do the paperwork properly. It is unfortunate that your son's college costs are being held up because of this technicality. Finally, you need to add to your paperwork a request to the court to issue a bench arrest to your ex for failing to obey a court order. Nothing inspires a reluctant ex to pay like the threat of jail time. This post is from a NJ attorney.
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David Perry Davis

David Perry Davis

Contributor Level 6
I agree with Ron. I'm a fan of helping people try it pro se, but if you've been to bat twice, then maybe it's time to say you need a calmer, more experienced & more objective experienced family law attorney to file the motion. It shouldn't cost much ($500-750?) for a basic enforcement motion (I've had them as low as $300 ... but when they're fought, as much as $2,000). You should be able to find someone who will ask for a retainer of about $1,000 - shop around if you haven't.,

If you can show he has the ability to comply and is willfully refusing to do so, there's a very good chance he'll be required to pay whatever fees you incur.
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Michael Hassen

Michael Hassen

Contributor Level 7
As Mr. Sarno and Mr. Davis have observed, your ex is likely "getting away with it" because you are unfamiliar with the substantive and procedural steps you must take to enforce the court order. I, too, highly recommend that you retain counsel to assist you with this matter. It sounds as if the potential upside is far greater than what it should cost, assuming that you have correctly disclosed the existence of a valid court order that your ex is violating.
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