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Motion for Reconsideration

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HomelessVet

Junior Member
What is the name of your state? New Jersey

In August 2001, I had a mental breakdown and was placed on disability until March 2004. In October 2004, a judge lowered my spousal support from $400 to $200 per week. He also lowered my imputed income from $80,000/year to $60,000/year. However, he kept my child support at $190 per week. My daughter will be emancipated in May 2008.
In November 2004, I became homeless because I was unable to find work. Once again, this lead to major depression and I was admitted to the VA Hospital in March 2005. After six months of treatment, I was transferred to a Homeless Shelter for Veterans on the grounds of the Lyon's VA Medical Center. Presently, I receive out-patient treatment at that location.

Last week, a judge denied me a Change of Circumstances Hearing because he said that I was better off today then I was in October 2004. Then, I was homeless and unemployed. Today, I have a job teaching computer skills to homeless veterans. My current income is $34,000/year. The judge sited some Lepis ruling and said that I didn't pass the test.

Because my ex-wife frequently underreported her support payments to the Probation Department, I currently have an arrearage of over $60,000. My wage garnishment is 65% of my net salary leaving me approximately $180/week to live on. I must leave this shelter in 8 months and fear that I will be homeless again.

Should I file a Motion for Reconsideration? How many days do I have to file such a motion? I do not believe that the judge understands all the facts in this case.

The judge also said something about a triennial review for child support. What is that and how does it work? Do I have to file a motion?

Also, my ex-wife was awarded life-time alimony. I would like to know if the State of NJ can take my social security benefits when I retire and move out-of-state.
 


weenor

Senior Member
What is the name of your state? New Jersey

In August 2001, I had a mental breakdown and was placed on disability until March 2004. In October 2004, a judge lowered my spousal support from $400 to $200 per week. He also lowered my imputed income from $80,000/year to $60,000/year. However, he kept my child support at $190 per week. My daughter will be emancipated in May 2008.
In November 2004, I became homeless because I was unable to find work. Once again, this lead to major depression and I was admitted to the VA Hospital in March 2005. After six months of treatment, I was transferred to a Homeless Shelter for Veterans on the grounds of the Lyon's VA Medical Center. Presently, I receive out-patient treatment at that location.

Last week, a judge denied me a Change of Circumstances Hearing because he said that I was better off today then I was in October 2004. Then, I was homeless and unemployed. Today, I have a job teaching computer skills to homeless veterans. My current income is $34,000/year. The judge sited some Lepis ruling and said that I didn't pass the test.

Because my ex-wife frequently underreported her support payments to the Probation Department, I currently have an arrearage of over $60,000. My wage garnishment is 65% of my net salary leaving me approximately $180/week to live on. I must leave this shelter in 8 months and fear that I will be homeless again.

Should I file a Motion for Reconsideration? How many days do I have to file such a motion? I do not believe that the judge understands all the facts in this case.

The judge also said something about a triennial review for child support. What is that and how does it work? Do I have to file a motion?

Also, my ex-wife was awarded life-time alimony. I would like to know if the State of NJ can take my social security benefits when I retire and move out-of-state.
Believe me I understand your monetary situation, however, you really need a local lawyer to review the orders that have been entered in your case. Ultimately you will save money. Check with legal aid in your area and get on the list. In the meantime check the New Jersey rules of civil procedure. Your time for a motion to reconsideration depends on the grounds of the motion. Usually rule 59 or 60 (as stated in the federal rules- new jersey likely is similar or the same...but in some instances federal court is much quicker- so check- i.e. motion for new trial is only 10 days in federal court.- New Jersey rules are what you need.
 

Bali Hai

Senior Member
What is the name of your state? New Jersey

In August 2001, I had a mental breakdown and was placed on disability until March 2004. In October 2004, a judge lowered my spousal support from $400 to $200 per week. He also lowered my imputed income from $80,000/year to $60,000/year. However, he kept my child support at $190 per week. My daughter will be emancipated in May 2008.
In November 2004, I became homeless because I was unable to find work. Once again, this lead to major depression and I was admitted to the VA Hospital in March 2005. After six months of treatment, I was transferred to a Homeless Shelter for Veterans on the grounds of the Lyon's VA Medical Center. Presently, I receive out-patient treatment at that location.

Last week, a judge denied me a Change of Circumstances Hearing because he said that I was better off today then I was in October 2004. Then, I was homeless and unemployed. Today, I have a job teaching computer skills to homeless veterans. My current income is $34,000/year. The judge sited some Lepis ruling and said that I didn't pass the test.

Because my ex-wife frequently underreported her support payments to the Probation Department, I currently have an arrearage of over $60,000. My wage garnishment is 65% of my net salary leaving me approximately $180/week to live on. I must leave this shelter in 8 months and fear that I will be homeless again.

Should I file a Motion for Reconsideration? How many days do I have to file such a motion? I do not believe that the judge understands all the facts in this case.

The judge also said something about a triennial review for child support. What is that and how does it work? Do I have to file a motion?

Also, my ex-wife was awarded life-time alimony. I would like to know if the State of NJ can take my social security benefits when I retire and move out-of-state.
These homeless shelters are coming up in the world, computers and who knows what else.

Are you in a shelter near AC by any chance?
 

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