My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... 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 »
You are correct, that cohabitation only affects the person receiving alimony. The reason for that is that if alimony is to help a divorced person maintain the marital lifestyle, then if they are cohabitating with a new partner, they are in a 2 income household again, and therefore do not need the...Read more »
I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.
Thank you for your question. The answer is YES, you can get divorced under those circumstances. There are procedures that need to be followed, which an experienced matrimonial attorney can explain to you. The best course of action is to consult with someone that specializes in family law so you...Read more »
My daughter just turned 10. My relationship with her dad lasted 12 years and it was toxic and I was abused by him. He was a pathelogical liar. Well now he is coaching my daughter to lie and I have written proof for 2 incidents. My daughter is now lying so bad it is hurting me to see. Her dad... Read more »
Thank you for your question. It sounds like it is very stressful not to have much decision making in your child's life. Proving parental alienation is a complex, and largely undefined endeavor. It sounds like you might want to make a motion to change parenting time or custody. That process...Read more »
We are both French citizens of no immigration status in the US. I reside in France while my husband resides in United Emirate. Can I proceed with divorce in NJ ? Does US have jurisdiction over the assets and properties in France should we get the verdict? Thank you
It is unlikely. New Jersey divorces couples who were legally married anywhere, as long as they satisfy the residency requirement. With rare exception, that means that at least once of you would have to live in New Jersey, and have been here for at least 12 consecutive months.
Thank you for your question. I can imagine this must be very stressful. You need a Motion to Enforce Litigant's Rights. Can you file it yourself, yes, the court rules allow it. Should you, absolutely not. There are multitude of reasons why you are more likely to get better results by utilizing...Read more »
Thank you for your question. I'm sure the situation must be very frustrating for you. You may be able to get a divorce by default, but you have several steps that must be completed first. You will need to do a diligent inquiry as to her whereabouts, then provide proof of same to the court. You...Read more »
Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... Read more »
Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents...Read more »
Thank you for your question. Children's unreimbursed medical and dental expenses can be confusing. The $250 you referenced is likely the standard $250 mentioned in the appendix of the child support guidelines worksheet. If you are receiving child support per the guidelines, which is likely,...Read more »
To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »
Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an...Read more »
Thank you for your question. Your question is not clear if the other party left the state temporarily or moved out of state. If she moved out of state permanently without your permission and without a Court Order then you will want to file an Order to Show Cause. That is essentially an emergency...Read more »
My niece has 2 children from previous marriage. Ex-husband filed divorce in Florida in 2017. She & children already lived in NJ, but Fla granted divorce & visitation agreement. NO ONE will address matters where ex husband & his attorney keep filing in Fla and demanding she respond, yet... Read more »
Thank you for your question. Without having all the relevant information, it sounds like NJ has never taken jurisdiction because no one has asked them to do so. A petition to transfer the case from Florida to New Jersey must be filed. Then Florida will relinquish jurisdiction. Until then they,...Read more »
I currently collect child support for 2 children aged 17 & 20. Both plan to attend college in the fall and live on campus. I've been divorced from their father for 12 years. For the first 6 years I had a court order which a received mostly alimony and child support. When the alimony... Read more »
Thank you for your question. Situations like yours can be confusing. There is not a specific formula when children are residents at college. We use what is called the Jacoby analysis. It is named after a case involving this issue. It is based on actual costs and expenses for the child in question....Read more »
I am under threatened with eviction by my husband. He told me he will sell his house and throw out my belongings. Can he do this? He wants to divorce without alimony. I am a housewife, 49 ages and a gammy person now. I had a bicycle accident and my husband is a causator (obsolete). He is... Read more »
Thank you for your question. I'm sure the thought of your children being so far away from you is very worrisome. The short answer is no, she cannot move with the children, out of New Jersey without either your permission or a Court order. That being said, you may need to proactively file to...Read more »
My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »
Thank you for your question. The 4 year old child you mention already has 2 parents. You are not biologically or legally related to him. Unless you marry your girlfriend, adopt him, and then divorce you would not owe child support for that other child.
My girlfriend was married about 10 years ago. Stayed in the marriage for about a year. Never divorced. She dated 2 years later and got pregnant. The real father doesn't know and left before she knew she was pregnant.. The husband that she never divorced came around, put his name on the birth... Read more »
Thank you for your question. There are many moving parts in this scenario. The quick answer is that child is legally a product of the marriage. He was born during the marriage which makes the husband the father by rebuttal presumption. Then the mother confirmed he was the father by adding him to...Read more »
Thank you for your question. The simple answer is you need an adjournment because you were not properly served. You can contact the Court directly and explain that you were never served. They will likely put you in touch with the Judge's law clerk.
We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.
Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law...Read more »
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