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Questions Answered by Michael Andrew Conte
1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My Son is 8. My ex wife and I have verbal agreements regarding parenting time. We have Joint Custody of our Son.

I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 28, 2022

As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... Read more »

3 Answers | Asked in Child Support for New Jersey on
Q: My daughter is away to college in Tampa, mom lives in NY. I live in NJ, still paying child support, can I contest

My daughter just turn 19

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 17, 2022

Typically a child remains unemancipated for support purposes if he/she is a full time college student until age 23. Often child support is recalculated around the time a child lives away at college on campus, as the child support guidelines only apply to children residing at home with a parent.... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: Im looking to relocate with my daughter to Florida next year. I am divorced and would like to know what are my options.

We have shared custody but she lives with me. I also have health issues and the weather will be helpful for me.

Michael Andrew Conte
Michael Andrew Conte
answered on Feb 28, 2022

You either need the written consent of the other parent, or a court order permitting you to relocate with the child out of state. If you don't have the other parent's consent, then I strongly suggest you consult with a qualified family law attorney.

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2 Answers | Asked in Child Support for New Jersey on
Q: In nj i recently made 5 million on stock market and have 2 years of child support left, how would that effect CS, Or not

2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?

Michael Andrew Conte
Michael Andrew Conte
answered on Dec 16, 2021

Child support is the right of the child, not "the money hungry Ex." That said, child support is driven by income, not assets. If the money you made from the stock market were to factor into a child support calculation, a reasonable rate of income derived from the investment of those gains... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: What happens to s/o passes and has a child and we’re not married.

We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.

Michael Andrew Conte
Michael Andrew Conte
answered on Oct 8, 2021

I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

Michael Andrew Conte
Michael Andrew Conte
answered on Sep 7, 2021

It depends on what may be stated in your settlement agreement or judgment of divorce. I recommend that you bring your divorce documents to a qualified family law attorney to review and advise of your options.

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2 Answers | Asked in Family Law for New Jersey on
Q: Whats the process to file a motion acting as my own lawyer?? This is for family court for my sons mother to follow order

His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021

Michael Andrew Conte
Michael Andrew Conte
answered on Aug 4, 2021

https://www.njcourts.gov/forms/10483_post_jdg_kit.pdf

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 25, 2021

It's impossible to give you advice about your situation in this type of forum. Family law attorneys see a whole spectrum of broken family dynamics. In some cases, children have legitimate fear of one parent for legitimate reasons. In other cases, children pick up cues and/or are manipulated by... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: My soon to be ex wife has sent me a divorce complaint. I don't have a problem with anything in complaint.

She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 23, 2021

The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should... 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 »

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 23, 2021

There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.

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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

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 16, 2021

If the case is being administrated by the probation department, there is supposed to be issued documents prior to the child's 18th birthday asking the custodial parent for documentation of college enrollment, or other information that would continue child support beyond the child's 18th... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can a shared custody order be transferred to nj from NY since the mother now lives in nj? 15 minutes from me.
Michael Andrew Conte
Michael Andrew Conte
answered on Jul 2, 2021

Until you have a new order, the outstanding order is in effect. The jurisdiction of which court would be the right forum to modify your custody order would depend on where you, the mother of the child, and the child presently resides. If you need to update the order or don't know if you need... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: My divorce settlement agreement is silent in terms of college tuition, Do I have any legal obligation to contribute?
Michael Andrew Conte
Michael Andrew Conte
answered on Jun 28, 2021

This is a non-exclusive list of the factors the family court is supposed to consider when faced with this issue:

(1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;

(2) the effect of the background,...
Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Sons wife filed for divorce, finalized 10/29/2020. Unfortunately he 52 yo passed 3/2/21

She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 17, 2021

I would reach out to an attorney who handles estates matters. I sounds like your son's estate probably has a claim against his former spouse for the funds that were supposed to be transferred to him pursuant to the divorce decree.

I don't understand the part of your question...
Read more »

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1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: How do I get hold of a last will and testament, my mother says I'm in the will, but my aunts wouldnt share that info
Michael Andrew Conte
Michael Andrew Conte
answered on Jun 15, 2021

Contact the Surrogate’s Office of the county where the deceased person lived.

1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is not on birth certificate in new jersey does he have legal rights
Michael Andrew Conte
Michael Andrew Conte
answered on Jun 10, 2021

If you believe you are the father of the child in question, you can file a case in family court to establish paternity of the child. If the court determines that you are the father of the child, then you would have the legal right to seek parenting time, while you would simultaneously have the... Read more »

5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
Michael Andrew Conte
Michael Andrew Conte
answered on Apr 30, 2021

When you receive a Temporary Restraining Order ("TRO"), you will be provided an upcoming court date for a hearing. At the hearing, the Court will decide whether to dismiss the TRO, or to make it a Final Restraining Order ("FRO"). If it is made an FRO, it could have a significant... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: In my divorce under higher education its stated parties shall pay to their ability with the newburgh vs arrigiano law...

If my ex takes me to court to pay half I'm told they look at all ur money in ur checking and savings acct. I don't make much and put a portion of the house money in a savings acct for my nest egg when things get bad. Does the state of nj take that money into account on paying for college?... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Aug 9, 2018

In Court you will need to disclose more than just the balances of your bank accounts. You will need to probably fill out an updated Family Court Case Information Statement, which provides your last year's income, your current YTD income, you income based on your last three pay stubs, your... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I never paid child support for my daughter and she's 15 years old now my child's mother is taking me to court

Do I have to pay child support ? If yes if I signed my rights over of my child do I still have to pay i don't get to see her

Michael Andrew Conte
Michael Andrew Conte
answered on Dec 11, 2017

If you are the legal parent of the child, then you have a child support obligation. The right to be financially supported is the child's right, not that of the custodial parent. You cannot "sign away" your rights to a child to avoid child support, unless you mean signing over your... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: My son settled on a house in 2004. The deed was recorded 2005. 2013 he married and has 3 kids. If divorced would wife ge

If a divorce occurs would she get any part of house?

Michael Andrew Conte
Michael Andrew Conte
answered on Nov 14, 2017

If it is his premarital property, the only claim she might attempt is for a portion of the appreciated value of the property during the marriage. That is, if the house was worth $200,000 on the date of the marriage with a $100,000 mortgage (so total equity in the house was $100,000 on that date),... Read more »

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