I have a contract for deed on the house. There is a mortgage on the house in her name only.
answered on Apr 19, 2023
Thank you for your question. There are many factors that the Court looks at in a divorce proceeding and how to divide the assets that were acquired during the marriage. Your daughter’s spouse can claim that the home is subject to equitable distribution and that it should be incorporated in the... Read more »
My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.
answered on Mar 29, 2023
Thank you for your question. I am sorry your ex-wife is apparently being deceitful. You have to file an application (Notice of Motion) with the court asking that your child support be terminated due to the fact that your child is no longer in college. At that time, your ex then has to provide... Read more »
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »
answered on Mar 24, 2023
Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... Read more »
I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.
My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... Read more »
answered on Mar 17, 2023
Thank you for your question regarding discovery. Your question did not indicate what type of lawsuit you have pending against your family. However, discovery is not filed with the court. The motion to compel is a good approach, you could also file a motion to dismiss their responsive pleading and... Read more »
My husband hid millions of dollars in our divorce and lied about the sale of the business, this caused my entire PSA to be thrown out. He then reported me as a 1099 employee of our business. He was making direct deposits from the business for family support but then reported me as a 1099 employee,... Read more »
answered on Mar 10, 2023
Thank you for your question about reopening your New Jersey divorce. In order to answer your question, the attorney would have to read your divorce agreement. The court in New Jersey usually enforces settlements between parties, however, in your case you believe there was fraud. Fraud could be... Read more »
why is the annuity taxed if it’s not being withdrawn?
answered on Mar 10, 2023
Thank you for your question. There is no "tax" on the annuity. What I believe you are referencing is that the "present value" of an annuity is worth less than what the annuity will ultimately pay. If you are treating assets that both have a "present value" such as bank... Read more »
Says my ex continues to provide insurance but the enhanced premium is split between us
answered on Feb 24, 2023
Thank you for the question. The interpretation of this issue should be based on the specific language of your settlement agreement. It is likely that the “enhanced premium” is considered a premium greater than the premium cost for the child’s coverage at the time of the divorce. Based on... Read more »
equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When... Read more »
answered on Feb 22, 2023
Thank you for your question. A complaint for divorce must be filed accompanied by a Marital Settlement Agreement which is a comprehensive document including the resolution of all outstanding issues. The Court’s will enforce an agreement between parties for so long as it is not unconscionable. It... Read more »
And what can I do to get visitation rights if my kids live in another state
answered on Feb 21, 2023
Thank you for your question. Typically, all issues are resolved at the time a divorce is finalized, including custody and parenting time, unless there is a specific reason why that cannot be accomplished, though that happens very infrequently. If your children reside in a different state than you... Read more »
Can I get the money from the RV he sold? It was in my name. A golf cart was in my name too that he sold both I didn't receive any money. I also loaned him $45,000 which I haven't got any money for am I entitled to getting my $45,000 back the RV and the golf cart?
answered on Feb 14, 2023
Thank you for your inquiry. I am so sorry that you are going through this. Typically, during the course of a divorce, each party can be required to provide financial information and records going back several years, depending on the specifics of the matter, and specific documents can be requested... Read more »
answered on Feb 16, 2023
Thank you for your question. It depends on the status of custody regarding your daughter. If her biological father continues to have joint legal custody, he should technically be consulted on any proposed name change and his consent should be obtained for same. If you have sole legal custody, there... Read more »
Under 2016 consent order, I agreed to switch the kids from my ex’s work health insurance onto mine (save us both money). Judge just ordered me to cover the kids till age 26 (oldest child is 23 and is emancipated). No previous agreement is in place agreeing to cover kids beyond age 23. Is that... Read more »
answered on Feb 14, 2023
Thank you for your question. Under the law in New Jersey, the Court does have the ability to Order one parent or the other to provide insurance coverage for the children. Without knowing the specific details of your matter and the reasons for which the Court entered this specific order, it is... Read more »
answered on Feb 14, 2023
Thank you for your question. You can ask for relief from the court. Whether the court will grant the relief requested depends on a variety of factors such as when were you served? Under what circumstances were you served? What was the reason for your delay in responding? Were there extenuating... Read more »
answered on Feb 6, 2023
Thank you for your question. I am sorry to hear you are going through this stressful time. Initiating a divorce proceeding whether contested or uncontested requires the filing of a complaint for divorce and other supporting documentation. Thereafter, a marital settlement agreement needs to be... Read more »
mortgage was in my name alone.
Is my equity determined by full payoff balance or the principal owed?
answered on Feb 8, 2023
Thank you for your question. The net equity of a home is generally calculated by taking market value (appraised and/or agreed upon value) minus the entire mortgage that is owed (full payoff). There are circumstances in which a party paying the principle may get a credit for such payments but... Read more »
In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... Read more »
answered on Jan 12, 2023
Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... Read more »
I signed the birth certificate for a child that I now believe it’s not mine. I found out during my relationship with his mother, that she was unfaithful. She is coming after me for child support, but I would like to establish paternity.
answered on Jan 6, 2023
Thank you for stating your concerns. Since she is coming after you for child support, I would recommend for you to file an application with the court seeking to establish paternity by way of DNA. The sooner you do this the sooner you will find out if this child is yours and depending on the... Read more »
answered on Nov 15, 2022
Thank you for your question. I am sorry to hear that you are going through this stressful time. Although your husband is seeking to change his Power of Attorney after filing for divorce, it is common to review one's Power of Attorney designation prior to filing a divorce complaint. Also, there... Read more »
He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... Read more »
answered on Nov 15, 2022
Thanks for your question. I am sorry your husband is treating you so horribly. You are entitled to support both pending the divorce and subsequent to the divorce due to the fact that your husband's income is so much higher than your own. Of course, if he does not do so voluntarily, you will... Read more »
I separated (not legal separation) and me and him living in 2 different states for 2 years now. I have 1 child that lives with me after custody case in court.
My ex doesn't accept uncontested divorce and he told me to go and file for divorce. and said after 2 years of separation that... Read more »
answered on Oct 18, 2022
Thank you so much for your inquiry. I am sorry that your spouse is not being cooperative with the process. It sounds as though the two of you have been in court previously, though, since you mention a custody order, so that Order will continue to stay in effect during and even subsequent to the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.