I want to make sure that the correct parenting worksheet is used (the shared parenting worksheet) when recalculating child support since the last time it was calculated, they only used the sole parenting worksheet but refused to provide a reason as to why. I have my child for 10 overnights per... Read more »
Thank you for your question. You would need to insist with the other party and/or the court that the shared parenting worksheet should be utilized. Based upon the facts that you have detailed, it would appear that it would indeed be proper in your matter to utilize the shared parenting worksheet.
She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.
Thank you for your question. Without the benefit of the full circumstances surrounding your marital situation my opinion is that you are not legally responsible for charges made on an account which you did not sign for. Wife claims it was for the household, she should be required to prove it...Read more »
Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »
Thank you for your question. It is unfortunate that your ex-wife is not following the instructions of the Judge in the divorce case. Since there is still an active Restraining Order you are prohibited from communicating directly with the other party. You may file an application with the Court...Read more »
Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state...Read more »
Thank you for your question and I am sorry you are going through this. You can file a motion to enforce the order entered by the court. I encourage you to discuss your case with an attorney and bring your order to explore other options that may be available based on the language contained in that...Read more »
Thank you for your question. You can certainly apply for guardianship of your own biological child but you must do so in that state. There are a plethora of questions however: how old is the child? How did he/she wind up in another state? Why did you allow the child to leave this state? I...Read more »
I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... Read more »
Thank you for your question. You can file for divorce in New Jersey as long as you have been a resident of the state for at least one year. To the extent that your husband accumulated assets, including cryptocurrency, during the marriage, you would be entitled to an equitable share of these assets....Read more »
I am sorry to hear that you are going through this. Given the long term of your marriage, any assets acquired during the marriage would be subject to equitable distribution. That being said, there are a variety of factors that would be considered when determining how the marital home will be...Read more »
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »
Thank you for your inquiry. Generally speaking, any property acquired during the marriage is subject to equitable distribution regardless of the named parties on the title to property. That being said, I suggest scheduling a consult with an attorney to discuss your options in more detail such as a...Read more »
She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?
Thank you for your question. In NJ, a parent must obtain consent, from the other parent, or a Court Order to permanently remove a minor child outside of the state. In the event the matter proceeds to Court, a determination will be made as to what is in the child’s best interest. In review of the...Read more »
I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently
Nothing can really be done with Covid to... Read more »
Thank you for the question. It sounds like you need to file a motion for enforcement with the court and to address arrears and obtain accurate income information. The court are operating and should be able to address the motion you file in normal course, whether virtually or in person. He will...Read more »
Thank you for the question. Once you file for default, the court should schedule the matter for a Default Hearing. You will need to file a proposed Judgement of Divorce outlining your requested relief (ie: related to custody, parenting time, support and equitable distribution) with any supporting...Read more »
I live in New Jersey, a equatable distribution state. Married for 5 years. We don't have children or own a house. Our finance were separate for the most part but I do pay most of our bills including rent, utilities and meals, because my spouse works only part time and do not make enough. I... Read more »
Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced...Read more »
In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... Read more »
Thank you for your question. Cohabitation is a basis to terminate or suspend alimony. There are however various factors of the stature. Therefore additional facts are necessary to better guide you. Based on your circumstances, it would be best to contact an experienced family law attorney to...Read more »
Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?
Thank you for your question about custody and parenting time in cases where domestic violence exists. I am sorry you are going through this difficulty time. Your inquiry is fact specific. In order to answer your question, it is important to know if there is currently a temporary or final...Read more »
I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »
Thank you for your inquiry. Unfortunately, there is no “set timeframe” for when a Judge renders a decision after oral argument. A lot of factors can affect the timeframe for an Order based on the specifics of your matter and the timeframe generally fluctuates by each Judge. In regards to...Read more »
Thank you for your question about enforcing the term of your divorce. In order to enforce your divorce decree, you would need to file a motion with the court to hold your ex-spouse in violation of litigant’s rights and compel them to comply with the provisions. It must be filed with the court...Read more »
Thank you for your question about modifying your Judgment of Divorce. You indicated that your ex-wife no longer wants her share of your pension. I am sure that is great news. I assume when you say divorce decree you mean a Settlement Agreement. In order to modify the terms, you would need a...Read more »
My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?
Thank you for your question. If you are a resident of New Jersey, you can file the Complaint for Divorce and serve her while she is still here. If she does not respond or cooperate in the proceeding, the Court can still grant you the divorce. As long as you continue to live in the State, the...Read more »
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