The Law Office of

David Perry Davis

31 Jefferson Plaza

Princeton, NJ 08540

(732) 274‑9444

(732) 274‑2050 (fax)

Attorney for defendant

Tiffany Elliot-Smith,

f/k/a Tiffany JONES,

Plaintiff

vs.

Christopher JONES,

Defendant

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SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION FAMILY PART

MERCER COUNTY

DOCKET NO. FM-11-445-01B

Case No. CS 4215 5607A

Civil Action

NOTICE OF MOTION

TO: Tiffany JONES

562 South Avenue

Dunellen NJ 08812-1434

PLEASE TAKE NOTICE that, on Friday, August, 29, 2003, at 9:00 a.m., or as soon thereafter as may be heard, the undersigned shall move in the Superior Court of New Jersey, Chancery Division, Family Part, located at Mercer County Superior Court, 175 S. Broad Street, Trenton, before the Honorable Thomas P. Kelly, J.S.C. for an Order:

A. Reviewing and adjusting child support as per the terms of the parties' judgment of divorce;

B. Crediting defendant's child support obligation for necessities he has been compelled to purchase for the child that plaintiff should have covered via child support;

C. Compelling plaintiff to amend her 2001 tax return and restraining her from claiming the parties' child as an exemption until such time as she earns $20,000 per year;

D. Compelling the parties to attend mediation to revise the parenting schedule as a result of defendant's impending relocation to South Carolina;

E. Enforcing the parties' judgment of divorce and compelling plaintiff to pay the Sears credit card and restraining her from continuing to use the card;

F. Compelling plaintiff to comply with the terms of the judgment of divorce by paying the first $250.00 per year and restraining plaintiff from listing defendant as the responsible party for medical costs;

G. Compelling plaintiff to reimburse defendant for payments he made to the Princeton Medical Center for an obligation that was defendant's, or, in the alternative, crediting his support obligation in the amount of $25 per week;

H. Compelling the Probation Department to remove the erroneous reporting made to credit bureaus.

I. For counsel fees and costs;

J. For such further relief as the court may deem equitable and just.

Defendant shall rely on the enclosed certification, and attachments. A proposed form of Order is enclosed herewith. Oral argument is requested.

___________________________David Perry Davis, Esq.

Proof of Service

Patricia Ameigh, of full age, hereby certifies as follows:

1. I am a paralegal employed by the Law Office of David Perry Davis, attorney for in this matter.

2. On this date, I caused a copy of the enclosed documents and this Proof of Service to be served upon the following:

1.	Tiffany JONES 562 South Avenue Dunellen NJ 08812-1434 By Certified Mail, RRR

3. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

_______________________

Patricia Ameigh

DATED:

NOTICE TO LITIGANTS:

IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING.

This written response shall be by affidavit or certification. (Affidavits and certifications are documents filed with the court. In either document the person signing it swears to its truth and acknowledges that they are aware that they can be punished for not filing a true statement with the court. Affidavits are notarized and certifications are not.) If you would also like to submit your own separate requests in a motion to the judge you can do so by filing a cross‑motion. Your response and/or cross‑motion may ask for oral argument. That means you can ask to appear before the court to explain your position. However, you must submit a written response even if you request oral argument. Any papers you send to the court must be sent to the opposing side, either to the attorney if the opposing party is represented by one, or to the other party if they represent themselves.

The response and/or cross‑motion must be submitted to the court by a certain date. All pre‑divorce motions, all enforcement motions (also known as motions for enforcement of litigants' rights, R. 1:10‑3), or motions that deal with the status of children must be filed 16 days before the return date. (Since most motion days are on a Friday, motion papers must be filed on the Wednesday 16 days before.) Therefore, a response and/or cross motion must be filed 8 days (Thursday) before the return date. All post‑judgment motions including all motions for modification of alimony, child support, custody or visitation must be filed 29 days (Thursday) before the (Friday) return date. Therefore, a response and/or cross‑motion must be filed 15 days (Thursday) before the return date. If you mail in your papers you must add three days to the above time periods.

Response to motion papers sent to the court are to be sent to the following address: Family Part Motions Clerk, Family Case Management Office - Mercer, Superior Court of New Jersey, 175 South Broad Street, Trenton, NJ 08650-0068. Call the Family Division Manager's office if you have any questions on how to file a motion, cross‑motion or any response papers. Please note that the Family Division Manager's office cannot give you legal advice.

The Law Office of

David Perry Davis

31 Jefferson Plaza

Princeton, NJ 08540

(732) 274‑9444

(732) 274‑2050 (fax)

Attorney for defendant

Tiffany JONES,

Plaintiff

vs.

Christopher JONES,

Defendant

::::::::::

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION FAMILY PART

MERCER COUNTY

DOCKET NO. FM-11-445-01B

Civil Action

CERTIFICATION

Christopher JONES, of full age, being duly sworn, hereby certifies as follows:

1. I am the defendant in the above-captioned matter and make this certification in support of the within application. I am personally familiar with all the facts alleged herein.

Background

2. Plaintiff and I were married in 1995 and divorced in July of 2001. We are the parents of one child, Samantha, who is 3^1/2. I work at Target and earn about $13.00 per hour. Our judgment of divorce is attached as Exhibit A.

As to mediation on parenting time

3. I can no longer afford to live in New Jersey and my wife and I have decided to relocate to South Carolina; we are trying to arrange it so we can move early next year. Target has a store near where we hope to move and I am arranging a transfer; my wife works in the travel & tourism industry and there are plentiful jobs in the Myrtle Beach area.

4. Obviously, I do not want to lose my relationship withSamantha as a result of the move. It is only because I'm her father that I haven't moved already. I am hopeful that, in mediation, we can work out a parenting time schedule that gives me longer blocks of time even if it occurs less often during the year. I ask that we be scheduled for mediation where we can hopefully resolve this issue outside the adversarial process.

5. In the process of attempting to get a mortgage approval (a very nice house in South Carolina can be bought for $45,000), I learned that plaintiff has not complied with a number of items from our judgment. I am also asking the court to review support in light of the term of our judgment that permits review every year and as plaintiff is now receiving disability as the government benefit for our child may replace or reduce my support obligation.

As to support

6. Our Judgment of Divorce permits the review of support on an annual basis (Exhibit A). Additionally, plaintiff is now receiving disability and a separate benefit for our daughter, which should be taken into account and which may replace my child support obligation. My CIS is attached as Exhibit B.

7. I am also asking that any work-related child care be included on the guidelines worksheet. My paying a percentage of the obligation doesn't take the tax effect of the day care costs into account. In light of plaintiff's current disability, I am not sure that she is working at all and I ask that plaintiff be required to produce documentation showing that the day care is work related. I pick up my daughter on Fridays and return her on Mondays on alternating weekends, plus have half the holidays (a total of 92 overnights per year).

As to crediting me for necessities purchased for Samantha

8. Plaintiff receives $113.00 per week in child support from me, plus a portion of work-related day care costs. Nonetheless, she sends our daughter without appropriate clothing. For example, every time the weather gets cold, Samantha shows up without a winter coat. Samantha came down with pneumonia after she was inappropriately dressed and plaintiff waited to take her to the doctor after she started showing symptoms. Her shoes were so small that they hurt her feet; I have had to buy her last three pairs. I receive a 10% discount at Target and have been faced with a choice of either having our daughter go without necessities or buying them myself.

9. Retroactively, I should be credited with $180.00 for items I purchased that should have been covered by child support.

10. On a forward going basis, I am asking the Court to order that Probation shall accept a receipt for clothes or like purchases and that my probation account (CS 4215 5607A) should be credited with the amount spent.

11. If the government benefit to our daughter as a result of plaintiff's disability reduces my support obligation to zero, I ask the court to enter some other equitable order addressing this situation.

As to the 2001 tax return

12. Our judgment of divorce provides that I am entitled to take the exemption for our daughter until such time as plaintiff earns $20,000 per year or more. Nonetheless, when plaintiff filed her tax return in 2002, she did it before I did through H&R Block's Rapid Refund system and took the exemption for our daughter. She is in blatant violation of the judgment; she should be required to amend her return so I can do likewise and claim Samantha.

As to the Sears Card

13. Under our judgment (Exhibit A), plaintiff was supposed to satisfy a Sears Credit Card bill and I was required to pay off a Visa card. I have made all the required payments on the Visa account, but plaintiff hasn't paid the Sears Card (Exhibit C). To the contrary, she is continuing to use the card while making no payments and having her name removed from the account (an account she was solely responsible for). Exhibit D is the relevant page from my credit report, showing an increasing balance and a letter from Sears sent to plaintiff confirming that her name was removed on her explicit request. Again, plaintiff is in violation of the judgment. Her continued use of the card is fraudulent, and her non-payment is hurting my credit. I ask that plaintiff be compelled to resume making payments and be ordered to immediately stop using the card.

14. In the alternative, in the event that the disability payments do not replace my child support obligation, I am asking the court to permit me to pay this obligation at the rate of $100 per month (?) and to reduce my support obligation accordingly.

As to unreimbursed medical expenses

15. The judgment requires plaintiff to cover the first $250.00 per year in unreimbursed medical expenses for Samanatha. Instead of doing this, she lists me as the responsible party and pays nothing. As a result, I am being hounded by creditors (Exhibit E). I ask that the Court order her to pay the outstanding $77.55 and to stop listing me as the responsible party. To date, plaintiff has paid only $20.00 of the balance.

As to compelling plaintiff to pay the medical bills

16. At the time we were divorced, there was an outstanding medical bill of $6,648.00 relating to our daughter. I was ordered to pay $3,361.76 of this amount, and plaintiff was to pay $3,286.24. Although it has been a tremendous hardship to do so on my income, I have dutifully maintained my payments (Exhibit F) but defendant has not. Had we both made the required payments and remained on schedule, this obligation would have been satisfied earlier this year.

17. A portion of this debt was owed to Princeton Nassau Pediatrics, who turned it over to Berks Collections when it wasn't paid. As a result of plaintiff's not paying her share, a $286.24 debt shows on my credit report - even though I paid my $383.76 share of the total bill (Exhibit F).

18. As a result of plaintiff's nonpayment, there is still an obligation outstanding. Princeton Medical Center holds us both responsible for this and I cannot simply turn the bill over to plaintiff as, again, it would destroy my credit to do so if she didn't make the entire expected payment. As indicated, I am trying to get a mortgage approval and her nonpayment would prevent me from doing so.

19. I am asking the court to order her to make these payments or, again, to have me pay it but to credit my support obligation for the $100 per month ($23.26 per week) due.

As to compelling probation to remove its erroneous reporting

20. I am current on my child support even though staying current and paying the day care has left me with less than $250 per week to live on (i.e., before I pay rent, food, car insurance, gas, clothes, car payment, etc). My probation print-out is enclosed as Exhibit G. Nonetheless, Probation is reporting me as delinquent, which is hurting my credit and making it impossible for me to obtain a mortgage. I respectfully request that Probation be ordered to immediately correct this reporting and to remove any incorrect negative report they made.

As to counsel fees and costs

21. Plaintiff is in violation of multiple provisions of our divorce judgment, from improperly claiming our daughter on her taxes to fraudulently using my credit card to failing to pay several obligations. I should not have to incur counsel fees to come to Court to have a judgment enforced. My attorney has enclosed a certification of services as Exhibit H; I ask that plaintiff be required to pay those costs and fees in full.

22. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

________________________Christopher JONES DATED:

Anthony L. SMITH,

YOUR ADDRESS

YOUR PHONE #

Ex-wife SMITH,

Plaintiff

vs.

Anthony L. SMITH,

Defendant

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SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION FAMILY PART

MIDDLESEX COUNTY

DOCKET NO. FM-12-

Civil Action

CONSENT ORDER

This matter having been opened to the Court on the joint application of defendant, appearing pro se, and Plaintiff, appearing pro se, and the Court having noted the consent of the parties, and for good cause shown;

IT IS, on this _________ day of _________ , 2004, hereby ORDERED:

1. The minor children Hanzel SMITH (DOB 1/15/99) and Gretel SMITH (DOB 2/30/89) being over the age of 18 and not full-time students, both children are declared emancipated effective as of the first day of the month following their 18th birthdays.

2. Probation shall close its account in this matter.

3. Pursuant to N.J.S.A. 2A:17-56.9 et seq., defendant's employer shall accept this order as authority to immediately terminate the garnishment of his wages.

______________________________

, J.S.C.

I hereby consent to the

content, form and entry hereof

________________________

Anthony

Pro se

________________________

Ex wife

Pro se