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Questions Answered by Bari Weinberger
2 Answers | Asked in Divorce for New Jersey on
Q: My exhusband defaulted on agreement made in my divorce papers . Do I have to pay attorney fees to take him back to court
Bari Weinberger
Bari Weinberger answered on Jan 12, 2022

Thank you for your question. We understand how frustrating it must be not have your ex-spouse comply with the terms of your divorce agreement. If you file a motion to enforce the agreement and have your ex-spouse found in violation, you can request for contribution of your legal fees where the... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: ExGF put fake TRO to evict me with accusations that are her own actions and I have tons of solid proof I am the victim.

My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... Read more »

Bari Weinberger
Bari Weinberger answered on Jan 12, 2022

Thank you for your question. We understand how frustrated you must feel in this situation. Navigating through a domestic violence hearing can feel overwhelming. There are times that agreements can be reached with the Plaintiff, known as civil restraints, that would allow her dismiss the pending... Read more »

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3 Answers | Asked in Family Law for New Jersey on
Q: What is my right as a wife and what action do I need to do?

I’m married with 4 adult kids (previous relationship). My husband 2 adult kids (previous relationship). We were both divorced when we got married but no kids on our own. My issue is one of my step-son (married with 2 kids) is asking my husband for trust fund. It feels like he wanted to control... Read more »

Bari Weinberger
Bari Weinberger answered on Jan 6, 2022

Thank you for your question. I am sorry to hear you are going through this stressful time. Based on the circumstances you described, whether your current Husband can fund a trust for his son without your consent would depend on a number of factors. Are you and your spouse considering a divorce,... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: if both parties are in agreement of the divorce and there are no assets to divide how quick would this be ?

also what would be the cost ?

Bari Weinberger
Bari Weinberger answered on Dec 27, 2021

Thank you for your question. If both parties are in agreement for a divorce the process is relatively short, compared to if there are contested issues. An exact timeframe cannot be provided however because there are a lot of different factors which determine how long the divorce process takes.... Read more »

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3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: Hello my husband served me with court papers that I can't leave country with my daughter but now he say he canceled it

I want to know how long court take to cancel motion in NEW JERSEY because he told me it will take till February 4 after I can travel

Bari Weinberger
Bari Weinberger answered on Dec 22, 2021

Thank you for your question. In order to better assist you and provide a response to same, additional facts are needed. There is a difference between filing a motion versus a Court Order already being entered, and the procedural history of your matter would be important when analyzing if and when... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have a temporary restraining order on my son's dad. He is asking in a roundabout way to spend 3 hours with our son.

In the TRO I was granted full custody of our son until we had the final restraining order. Our son's birthday is in a few days and he is asking for 3 hours with him. What legal recourse would I have if he didn't return him back to me?

Bari Weinberger
Bari Weinberger answered on Dec 7, 2021

Thank you for your question. Generally speaking, if the TRO granted you temporary custody and did not provide the Defendant any parenting time or contact with your son, then the TRO should be followed and he should not have any parenting time, regardless of the upcoming holidays or events. If he... Read more »

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2 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: Thank you very. Could you list the items that both spouses should review and decide on before filing.

Such as division of assets, division of roles and responsibilities related to custody of children, etc.

Bari Weinberger
Bari Weinberger answered on Dec 2, 2021

Thank you for your question. When contemplating divorce, one must be mindful that equitable distribution of assets and liabilities will occur. Thus, it would be helpful to put together a list of all assets, including real estate, bank accounts, retirement benefits, and personalty of substantive... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Dependent turns 23 halfway through 5th College year. How likely is Court to order College payments through the year

New Jersey Divorce. Settlement agreement stipulates and we have been splitting College payments 60/40. Dependent daughter unexpectedly has to take an extra (at least) college year, agreement makes no provision for extra College year and she turns 23 in January. I have no contact with her and want... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 18, 2021

Thank you for your question. Your Final Judgment of Divorce or (if your case settled) Marital Settlement Agreement should have a definition of emancipation within it. Often the definition will say the child support is not to extend past the child's 23rd under any circumstance and if the said... Read more »

3 Answers | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

Bari Weinberger
Bari Weinberger answered on Nov 15, 2021

Thank you for your question. I'm sorry to hear about the final restraining order. Technically, the individual who has the restraining order against him cannot be in the same building (i.e. a church) as a person who has the restraining order. What can be done however is, in advance of the... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: Is it required for a parent to be considered ‘primary’ in NJ if it is 50/50 custody and both parents are fit?

If both parents are in agreement to have mutual custody is it possible for neither to be deemed ‘primary’

Bari Weinberger
Bari Weinberger answered on Oct 25, 2021

Thank you for your question. In a situation like the one you described neither parent is required to be designated parent of primary residence but there are a variety of reasons why someone may want to be designated primary residential parent even if residential custody is 50/50. Do each of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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2 Answers | Asked in Civil Litigation and Family Law for New Jersey on
Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer &... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 30, 2021

Thank you for your question. The courts have been extremely slow in everything especially in the larger counties. From what I can tell you did not file in JEDS. That’s the way all family papers must be filed. The mail goes to the opposition. A TRO is typically granted but you need to defend... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Does NJ recognize or uphold a Postnuptial Agreement?

If the couple wishes to have separate finances but to raise their child together (so that the child doesn't have to go to 2 houses) until he goes off to college, can they stipulate to file a divorce then? Thanks!

Bari Weinberger
Bari Weinberger answered on Sep 28, 2021

Thank you for your question. Your question is a bit confusing because a postnuptial agreement is made after the marriage but before the divorce. Such agreements are scrutinized but can be approved under certain circumstances. Now a Marital Settlement Agreement made in anticipation of divorce is... Read more »

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4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Bari Weinberger
Bari Weinberger answered on Sep 23, 2021

Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: See below

I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 14, 2021

Thank you for your question. Leaving a spouse can be difficult both emotionally and financially. You would benefit from a consult, either by phone or by video conference, with a family law attorney to go over all of your rights and options and what you can expect if in fact you decide to leave your... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: Can I terminate paying child support if my son is 20 yo is in College but has steady earnings workin remotely in NJ?
Bari Weinberger
Bari Weinberger answered on Sep 10, 2021

Thank you for your question. Yes, you can but only if you have an agreement by consent with the Mother or an order from the court. If the Mother refuses to terminate child support then you must file a motion with the court seeking to emancipate your son and terminating child support. I recommend... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: What legal actions to take in obtaining assets from our house sale?

My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 12, 2021

Thank you for your question. It seems quite clear that you had an ownership interest in the house as well and various bank accounts and assets held in your Husband’s name. I would recommend immediately reaching out to an experienced family law attorney to discuss your rights and entitlements... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: How should I say no, legally, to a grandparent wanting visitation when she’s her sons supervisor for his visitation?

I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... Read more »

Bari Weinberger
Bari Weinberger answered on Jul 23, 2021

Thank you for your question. Generally, as you are the custodial parent, you can deny either set of grandparents their own separate visitation. However, generally, during the time you daughter is with you, you are free to have your parents present and when your daughter is with her father, her... Read more »

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4 Answers | Asked in Child Support for New Jersey on
Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.

Divorce papers state 18 if not attending school after high school

Bari Weinberger
Bari Weinberger answered on Jul 21, 2021

Thank you for your question. If your divorce agreement indicates that child support will end at 18 if no college or other school then it can. You should reach out to your probation department to let them know and they will send you forms to complete. It is not automatic at 18, since the law in New... Read more »

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