Initial Support Motion

INITIAL SUPPORT MOTION

“PUT YOUR BEST FOOT FORWARD”

By Ronald B. Rosen, Esquire

The initial pendente lite Motion for Support can be the most crucial part of a divorce case. The flavor that a Judge gets from reading the initial motion papers sometimes lasts throughout the whole case and can effect the outcome, either by way of settlement discussions or trial.

Every practitioner knows that the pendente lite Order that is entered may last, in some counties, as much as a year or more, until such time as the case is either settled or tried. It is extremely difficult to modify the terms of the pendente lite Order once it is entered, and thus it is extremely important for you to prepare the papers properly when presenting the initial support motion. The following comments have worked successfully for me.

I. Don’t make the client wait :

A. Watch Motion dates so you don’t lose two weeks because of one day.

II. Don’t make the Judge guess :

A. Set the stage for the Judge as to the family unit, the lifestyle of the parties and whether or not this is a “big case” or “not such a big case”.

Length of marriage, age of the parties, age of the children.Type of house, size, cost, who is living there, if the husband left, why did he leave, and if he is there, how much he is eating. Wife’s needs(a) attach a Case Information Statement

(b) Explain unusual expenses, i.e., high telephone, prescriptions, repair items

(c) Describe source of Case Information Statement information

(d) Do not leave asset values “unknown”. Estimate values as best as you can.

(1) Estimate pension. DON’T LEAVE BLANK

(2) Estimate business value. DON’T LEAVE BLANK

(3) Estimate the money market assets. DON’T LEAVE BLANK.

(4) Estimate stocks. DON’T LEAVE BLANK.

Wife’s income. (a) Work history

(b) Education

(c) Availability for work now and by whom

History of the family’s finances prior to divorce. (a) who handled the bills

(b) How paychecks were deposited.

(c) Spending on cash.

Husband’s income. (a) Salary

(b) Commissions

(c) Cash

(d) Benefits

(e) Perks

III. Don’t make the Judge Compute :

A. Suggest the specific pendente lite payments be made by husband directly to the mortgage company, utilities, etc

B. Suggest amount needed by the wife if those payments are made

C. Detail child support guidelines in Certification where they apply

D. Explain how much income husband needs to earn to support the budget on Case Information Statement

IV. Don’t Make the Judge work :

A. Spell everything out simply and easily

B. In the papers, treat him like he just fell off a turnip truck, even if he won’t let you do that on oral argument. When he’s alone, so one knows what he does

C. Highlight important information on exhibits

D. Use exhibit tabs

E. Use only exhibits that are necessary

V. Don’t let the Judge forget you :

A. Affidavit of Services: use Rule 4:42-9 (a)1 to obtain future legal fees as well as recoup fees thus far

B. Detail monies received and from where it came

HOT TIP: DON’T RUSH OR UNDERESTIMATE A PENDENTE LITE MOTION.