How do I file a cross motion regarding notice of enforcement of a divorce award?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I file a cross motion regarding notice of enforcement of a divorce award?

I am divorced. My ex-husband has filed a motion for enforcement saying that I am not complying with the final judgement of divorce. I did owe him $10K and sent $3K; due to hardship I don’t have the additional $7K at this time. However he owes me $7K from his pension which I was awarded. Can I file a cross motion? He is also asking me to pay for fees for a mediator which I am not required to do. Can I fight that as well? I am representing myself. I fired my lawyer as soon as my divorce was final. How do I get help to file the cross motion?

Asked on July 24, 2011 New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  It is very difficult to give any real help in this type of forums but I will do my best.  I would, though, strongly suggest that you try and see if you qualify for legal aid or for any family law clinics that can help you with this matter.  Now, a cross-motion is just a regular motion asking for relief from the judge in the same case on the same day.  Generally it has a shorter service requirement on the other party.  So here is what you do:  use the same format as the motion that was served upon you.  Where it says "motion" type in "cross-motion."  In the body of the Notice of Motion put the same info: date and time, Judge, court room, part, court house address.  In the relief section - the part where they ask what you want the judge to order - indicate that you want the 7K as well.  Then in your affidavit write your story and state that you have complied albeit slowly and that he owes you.  Request that the Judge call it a wash. Hopefully the Judge will do just that.  Copy and show your proof of payment of the 3K and attach as an an exhibit.  Look at the affidavit of service on the motion and copy that as well.  Serve it on him and file the cross motion with it with the court.  Have it notarized. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption