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Questions Answered by Leonard R. Boyer
2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

Leonard R. Boyer
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answered on Apr 1, 2024

You need to retain an experienced civil litigation attorney with knowledge of Internet law to file an Order to Show Cause with the Court and to immediately send them a "Cease & Desist" letter. To provide meaningful advice and learn the best way to proceed, you need be prepared to pay... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Do I still have to pay child support for a child over 19 that is not in school ?

My son turned 19 last June 2023. He is not going to college and working full time and I noticed my Child support amount has been the same for the last 9 months. When i inquired with Child Support they told me I have an "unallocated " support order which I was unaware of . I have a second... View More

Leonard R. Boyer
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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney to have your son declared emancipated and seek a reallocation Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on... View More

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1 Answer | Asked in Family Law, Personal Injury, Child Support and Domestic Violence for New Jersey on
Q: My daughter is mentally agonized and in trauma due to violent behavior of her father's girlfriend who came to our home

It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her

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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
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answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

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answered on Mar 29, 2024

You need to retain an experienced matrimonial attorney to bring a motion for termination of spousal support and credit for any overpayment. Spousal support can be from the day that they first began cohabitation. With modern technology there are no geographic boundaries on obtaining the best... View More

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1 Answer | Asked in Business Law for New Jersey on
Q: I have decided to dissolve my partnership in LLC with 50/50 partner in NJ. What do i need to do to do?

I am in a LLC 50/50 partnership. I would like to give my 50% to my partner as I no longer want to be part of our business. We have an operating agreement and have agreed that I will be leaving. I need to know what steps to take to make sure I am completely out of the business.

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answered on Mar 21, 2024

Without reading the operating agreement and reviewing all relevant corporate documents, it is impossible to provide a meaningful answer. You should expect to pay for 1/2 to 1 hour of attorney time to review all the documents and advise you on the best way to proceed. Pick the best attorney you can... View More

2 Answers | Asked in Communications Law for New Jersey on
Q: If you attended a Zoom meeting and it was recorded and you consented to the recording however you would like a copy

If you attended a Zoom meeting and it was recorded and you consented to the recording however you would like a copy of the recording for your records but the host refuses to release it to you, can you require by law they send a copy? What if they were to edit it in a way that makes me look a... View More

Leonard R. Boyer
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answered on Mar 9, 2024

There is no automatic right to a copy of the recorded Zoom video. But depending on the facts that you have not disclosed, my answer could change. Without a consultation (figure about $200.00 for the consultation) no one can provide more information. Pick the best attorney you can find and remember... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: I'm in NJ and am main buyer on a vehicle contract with an ex. I sued him in special civil court and won. However

Im trying to get off the loan entirely or gain possession of the car. The lender did an extension agreement with the cosigner without my knowledge or signature electronically. Is this legal in NJ? Co-signer's name is on the title however I can add mine on to it at any time. What is the best... View More

Leonard R. Boyer
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answered on Feb 26, 2024

You need to retain an experienced civil litigation attorney to represent your interests in this matter. You should expect to pay for a 1/2 hour of attorney time to have your best course of action determined. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

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answered on Feb 26, 2024

You really need to have your lyrics copyrighted. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality... View More

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3 Answers | Asked in Car Accidents for New Jersey on
Q: Jan this year a water sewer truck hit my parked Pathfinder and damaged my whole right front. How do I get my truck fixed
Leonard R. Boyer
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answered on Feb 24, 2024

Report the accident to your insurance company. If they refuse to cover it, you need to retain an experienced civil litigation attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't... View More

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would agree to cash settlement. Is that legal?

The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.

Leonard R. Boyer
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answered on Jan 27, 2024

Realistically it does not seem appropriate. This is all the more reason not to drop the TRO. Presumably, there will be a divorce (if you are married). In 39 years of practice representing both Plaintiffs and Defendants, I have never made or seen any other attorney make a monetary offer to drop a... View More

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3 Answers | Asked in Bankruptcy, Banking, Business Law and Collections for New Jersey on
Q: Am I personally liable for an EIDL loan of $130k taken out by my S Corp if I close the business?

I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More

Leonard R. Boyer
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answered on Jan 26, 2024

If your business closes next week, you're personally liable for the debt. EIDLs are not forgivable. You'll repay them over the 30-year term, though you can pay your loan off early with no prepayment penalties. Also, for future reference, a Sub-Chapter S corp is your worst nightmare and... View More

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1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: If a contractor doesn't finish the job and is unresponsive, but later agrees to return, does that reset the accrual date

I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More

Leonard R. Boyer
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answered on Jan 6, 2024

To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More

1 Answer | Asked in Contracts for New Jersey on
Q: When does the clock start ticking for a cause of action against a home kitchen remodel contractor?

I hired a coworker I knew to do some work in my kitchen. He started the work but a few things I paid for weren't completed. I also showed him some items I wasn't happy with how they came out. He was supposed to return to finish the job. I reached out to him a few times, and he finally... View More

Leonard R. Boyer
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answered on Jan 5, 2024

The Statute of Limitations for breach of this type of contract is 6 years. But of far importance to you is the breaches of the Home Improvement Contractor Act, the NJ Statute of Frauds and most importantly the New Jersey Consumer Fraud Act, which provides for triple damages, plus attorneys fees and... View More

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Health Insurance cost sharing when ex claims a kid for her own tax break?

Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More

Leonard R. Boyer
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answered on Jan 1, 2024

The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More

2 Answers | Asked in Probate for New Jersey on
Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??

Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.

In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More

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answered on Jan 1, 2024

You really need to act fast and retain an experienced Probate attorney who will act to protect your interest. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

.

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answered on Jan 1, 2024

You have to retain an experienced matrimonial attorney to file a motion for emancipation. This is the way to do it properly and avoid problems or potential problems. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: To file motion to terminate child support in NJ, do you do so in the county where you divorced or where you reside now?
Leonard R. Boyer
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answered on Jan 1, 2024

I respectfully disagree with my learner colleague Attorney Diamond. You can file in either the county where you reside and or where you were divorced. You are going to need to have a current 2022 tax return as well as a final W2 for 2023 if you are an employee. But if you own your own business you... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.

In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was... View More

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answered on Jan 1, 2024

You are incorrect The court in Kayahan ultimately found that payment of the child support to the “child” was not appropriate after weighing the facts of the case. However, this case has opened the door as another potential remedy to the misuse of child support payments by former spouses of... View More

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