letter to the judge?? or not

[chocofiend]

Looking for a little insight. Was in court Fri pro se for a child support modification hearing NJ, judge made an error (or so I believe). She ruled that my ex's severence pay of 24000.00 and unemployment comp is not considered income for the purposes of child support. Read the Child support guidelines last nite and it is specifically included as income for child support. Rather than have to go thru a motion of reconsideration (time and expense) or Superior Court appeal I was wondering if its improper to send a letter. She made another very expensive (to me)ruling that there is a Superior Court Appelate decision on that over rules her. I hadn't found that case prior to court. I'm just wondering if it is a major no no to write a short sweet, to the point non attacking letter gently pointing out the info from the guidelines and attaching the superior court decision and explain that in the interests of the court's time and the parties expenses of future appeals of the matter blah blah.... Any help or thoughts on this? I don't want to be found in contempt of court, I don't want to anger her (the judge) and I only have til tomorrow morn because she said the order will probably be sent out Mon or Tues. Thanks

 

[Scooterdog]

Your best bet is a motion for reconsideration. Sending a letter will have no affect.

 

[chocofiend]

Thank you

As the day went on, that's exactly what I thought. I really don't want her to think I'm stepping on toes or trying to do something twhere I have another avenue to address, but thanks for confirming that to me. Anyone know if there is a pro se package for the motion for reconsideration? I can't afford an attorney and I think it should be very straightforward between the guidelines and the case law, there are no other issues. Thanks

 

[Scooterdog]

As the day went on, that's exactly what I thought. I really don't want her to think I'm stepping on toes or trying to do something twhere I have another avenue to address, but thanks for confirming that to me. Anyone know if there is a pro se package for the motion for reconsideration? I can't afford an attorney and I think it should be very straightforward between the guidelines and the case law, there are no other issues. Thanks

Try your states law library online, they should have a forms package. If not, let me know, I have an example of the motion.

If you write the judge, that would be considered "ex-parte" communications. This could hurt you, but likely the Judge would simply ignore the letter.

You need to make sure that too much times does not elaps while you are trying to get this filed. You only have so much time.

Even if the judge hands you a loss on the motion, you certainly have issues which would need to be appealed to the higher court. That judge damn well knows how to calculate the child support, and did it wrong anyway.

The main catch is, this is a FAMILY LAW matter, and the judges have an ungodly amount of power when it comes to descretion.

I wish to complement you on finding the error by LAW, as that and procedure make up the majority of appeals. You are doing very well to have taken the time to look it up, rather than run to a lawyer who would take your money and you would surly lose the motion then. Great Job!

If you can't find your motion, let me know, I'll start digging and see if I can find you an example so you may put your motion together.

 

[chocofiend]

Thanks

Thank you for the thumbs up. It has been frustrating so far as I believe any judge sitting in Family court show also know the guidelines. I think her clerk is as fully capable as I am to look at recent caselaw but oh well. I have not been able to find anything for a motion for reconsideration, so if you can help I am most appreciative. I know I have 21 days from receipt of order which will probably arrive tomorrow. Thank you again and I am so appreciative for sites such as these that have helped me so much as I can't afford a lawyer, especially when the judge only wants to give me $5. and change to feed my kid 3 meals each day when ex earned over 200,000. ok sorry for the vent, I'll stop now lol