I think some of the same issues run into each other and I’m wondering if we should separate some of them or ask for both… just depending on your thoughts…
RECONSIDER MOTION
- AUDIO ISSUE AT HEARING ON ZOOM – I stated in the beginning of hearing that I had an audio issue – not only could I not hear a lot – the judge said I could not speak or answer only through an atty at the time who was only paid for just that hearing and did not receive any of my text or refused to address any of my concerns with the court. So this is mainly why some items were left vague or not ordered.
- DEFAULT JUDGMENT – She didn’t answer my motion by the deadline (twice) Oct 1 she requested to the court to be moved back to Oct 15 and did not answer until October 30th and I should have been awarded a default judgment which I did motion the court for, but it was ignored. I also got an email from the judges clerk that it will be heard on the papers because she did not answer by the deadline. The judge ignored this email evidence and my default judgment.
- QDRO AND CONTEMPT – The judge ordered that it was a moot point regarding the plaintiff’s retirement that we agreed would be split in a 401k QDRO. However the plaintiff has signed her portion of the paperwork I have signed my portion of the paperwork the judge needs to now sign his portion of the paperwork, but yet I don’t know who the plan administrator is and the judge should have ordered that she provide this information. Hold the plaintiff in contempt of court for disobeying court orders and not processing the 401K or the TIAA in court ordered time and make it a very difficult for me to process it after four years of waiting and stalling.
- MAKEUP DAYS – The judge ordered that I don’t get any makeup days for a self-quarantine which was no fault of my own as this was something that the Plaintiff did unilaterally and took from me. But based on an NJ appellate case law (Nancy Szabo v. James Szabo doc A-3010-08T3) that I found a judge ordered “make up time” for a defendant who would lose his visitation for weekends… In my case I’m a 50/50 physical custody parent with a 2-2-3 schedule. So the judge did not order makeup time but he said we must abide by the 50/50 parenting time schedule which is simply a contradicting statement because that is saying there is makeup time so he left this order wide open for makeup time debate. Trying to come to a reasonable agreement with her attorney he said they don’t have to worry about or keep any “ledger” of who has parenting time and there is “no makeup” time. Reconsider enforcement of sanctions as per New Jersey Rules 1:10-3 and “additional remedies” for taking another parents custody time of NJ Rule 5:3-7 which the first rule of remedy is: compensatory time with children.
- $200 PER MONTH – It was agreed in our marital settlement agreement (MSA) in 2016… she is to pay me $200 a month when she had employment. She got employment was paying me after judge Francois ordered her to in 2018, which this judge did agree, and she suddenly stopped, breaking a court order and the judge didn’t hold her in contempt for this, or did not order her to pay back pay because she’s apparently not working bc she said so not bc there’s proof, he ordered that she “pay immediately” but he error in not providing a date or deadline which now her attorney refuses to provide a date to give the payment.
- INSURANCE INFORMATION NOR JOB NAME SHE WAS COURT-ORDERED TO PROVIDE – not providing the health insurance and her job information was a violation of the previous court orders and MSA which she should have been held in contempt for. She secretly had FREE insurance since February 2019, BUT NEVER disclosed this with the court at the April 29, 2020 hearing or with me or the court until December 11, 2020… nearly two years later.
- HARASSMENT RECONSIDERATION – the plaintiff never motioned that I was harassing her… Even in her reply or answer she never provided any evidence of harassment on my part. I provided clear documentation from 2017, 18, 19, 20 where she harassed me specifically my birthday and father’s day… that’s what I was asking for… to stop harassment specifically on my birthday and Father’s day. He erred in his ruling stating that both not to harass the other, putting this in court order that I am basically harassing her too from just her written testimony without evidence which is not the case… it’s just something she’s saying without proof. I presented email documentation for consideration.
NEW MOTION
- MAKEUP TIME AND CONTEMPT – In the motion that was just heard on August 11th this which was from my September 5th motion did not include violations of the MSA done as recent in November.
November she took 5 days away (12, 16, 17, 20, 21, and 22) from me during my parenting time saying that the reason why she did that is because she was owed “Make up time” – which is interesting about this is we both have in writing that we believe the MSA grants us makeup time, but the judge is saying we don’t get makeup time… I personally believe he didn’t want to just do all the calculations of the day’s missed and get into that that’s why he didn’t order it, but he said abide by the 50/50. So I’m looking to file a contempt charge on this and get my makeup days. Also it is to note that I had to go to the police and they helped me get two of the 5 days back. More recently she took back-to-back vacation days ending on December 14th and starting again within the same week of December 18th, which the MSA clearly says you can’t take back-to-back consecutive weeks of vacation (during a school week). So I need to hold her and contempt for this as well.
- BIRTHDAY LOCATION CONTEMPT –
The plaintiff should be held in contempt because I had to put an order to show cause and pay an attorney to write just to get the location of where our daughter’s birthday celebration was going to be (which after weeks of asking I did not get until 3:30pm that same afternoon). She then held the location birthday event four hours away, on a school night, INSIDE A BUILDING DURING COVID, and DID NOT allow me to spend any time with our daughter is she proceeded to come outside of the area where I was trying to spend some time with her daughter and started videotaping us and making our daughter cry I had to call the police for her to stop.
- INSURANCE INFO AND JOB NAME HOLD HER IN CONTEMPT – The fact that she held the insurance information from me for a whole year (nearly two years) since February 2019 (Audio evidence) well, I had to pay insurance when she knew she had free insurance and needs to be a separate Motion in itself to hold her in contempt as the judge overlooked this issue from my September 5th motion. Moreover, she should be held in contempt for not saying where she worked at… she can’t just randomly stop working whenever she has obligation to help with payments for insurance as she tried to say when she’s not employed she doesn’t have the responsibility to pay half insurance, neither of us do, that’s true, but at one time we were both employed and she never contributed to any insurance payments and she only gets away with not making payments because she doesn’t reveal where she’s working so no one can research whether that’s a contract company or still a company she’s employed with.
- RETIREMENT ACCOUNTS HOLD HER AND CONTEMPT – She didn’t provide me the information in the court order time frame and still with one of them still outstanding didn’t process it within the court order time frame it should be held in contempt for this particular issue which the judge overlooked this as well because I don’t think it was directly addressed as a contempt charge.
- STOPPING THE $200 PAYMENT HOLD HER IN CONTEMPT – She had enough money to pay for an attorney but she didn’t have enough money to pay me is what she told the court she provided no proof that she couldn’t pay this $200 she just stopped and this was a court order previous in 2018 by another judge… She should be held in contempt for this. she should be held in contempt for not saying where she worked at… she can’t just randomly stop working whenever she has obligation to help with payments for insurance is she tried to say when she’s not employed she doesn’t have the responsibility neither of us do but that’s true but at one time we were both employed and she never contributed and she only does this because she doesn’t reveal where she’s working so no one can research whether that’s a contract company or still a company she’s employed with.
- SAFER EXCANGE LOCATION – Currently we have been meeting at a mall in it’s fire zone – police have been telling us to not park there especially when the Plaintiff arrives late. There are many opening spaces with two parking spaces only 20 feet away, but the Plaintiff insist on pulling directly behind me forcing our child to get out in traffic instead of simple pulling in the free parking space. Prior to us pulling into this fire lane – we would park in the open spaces in the “back” parking lot and do a safe exchange.
Additional Relief:
- Attorney fees reimbursement for the order the show cause on November 17th.
- Attorney fees reimburse for the hearing on December 11th.
- Put an order that her wages be garnished upon the remaining balance of $6,000 of $200 a month payment automatically since she or her attorney refused to pay “immediately” as ordered.
- Granted sole custody due to the outrageous behavior that is not stopping it’s getting worse.
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