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Questions Answered by Richard Diamond
2 Answers | Asked in Domestic Violence for New Jersey on
Q: Why would a warrant for a domestic violence case be recalled the the person didn’t comply with the court order

It has been 2 years since the case he did not pay his fines or do the anger management that was court ordered and 2 years later nothing has yet to be done to him from the courts

Richard Diamond
Richard Diamond
answered on Nov 28, 2022

I don't know why a domestic violence restraining order's requirements are not being enforced by the court/probation department. My suggestion is that you sit down with a family law specialist, with experience handling domestic violence matters to review the terms of the court's... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I have a question about settling finances before a divorce

Basically just want a legal person to review this statement and make sure it doesnt sound sketchy.

Hey just finished meeting with the lawyer.

First I’ll file a complaint for divorce that just starts our actual separation. As of right now property we’ve separately acrewed is... Read more »

Richard Diamond
Richard Diamond
answered on Nov 21, 2022

My advice (which should not come as a surprise) is that it's worth your while to schedule a consultation with a lawyer who specializes in divorce law (not a general practitioner who also handles divorce matters) to review your asset setting, respective employment settings, etc to give you... Read more »

2 Answers | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: NJ: 92 y.o. mom asking for legal document stating my husband & I are NOT RESPONSIBLE for paying her debt/medical bills

In New Jersey: 92 year old mom asking for legal document stating my husband & I (we are both over 55) are NOT RESPONSIBLE for paying ANY of her debt, bills, medical bills, nursing home bills, etc. Nor will we participate in some kind of "Trust" she is setting up. Oldest brother is... Read more »

Richard Diamond
Richard Diamond
answered on Nov 12, 2022

Your mother is 92 years old and your oldest sibling is in charge of her financial affairs and he refuses to answer any of your questions as to the status of her assets and expenses and you are therefore fearful that she will pass leaving debt.

I am guessing that there was a discussion...
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2 Answers | Asked in Divorce for New Jersey on
Q: my husband filed a complaint for divorce, now he wants to change his power of attorney Can he do this?
Richard Diamond
Richard Diamond
answered on Nov 11, 2022

I presume that for estate planning purposes, you were listed as his power of attorney but because of the divorce filing, he no longer wants you in charge of his financial affairs moving forward. If my understanding is correct, that is very common, and I would simply suggest that you and he agree as... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: I need help, but I have no money or food. My husband has been the sole provider for 19 years and now I have been cut of

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 »

Richard Diamond
Richard Diamond
answered on Nov 11, 2022

Im sorry that your current setting is dire and suggest that you meet with a family law specialist as quickly as possible to get better educated on your rights in a divorce matter. While I know that it will be difficult, this is where you want to hire the best lawyer you can afford - this is not a... Read more »

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1 Answer | Asked in Adoption and Child Custody for New Jersey on
Q: My mom adopted my child because I was in prison. My child has lived with me for 2 years. How can I overturn the adoption

My mom says she doesn’t want my daughter and verbally and emotionally abused her. I’d like to overturn the adoption and get my rights back

Richard Diamond
Richard Diamond
answered on Nov 1, 2022

The first question is whether your mother formally adopted your daughter or whether she simply took guardianship of her as a result of your incarceration. But, if your mother no longer wants control over your daughter and you are able to handle the responsibilities, then ask your mother to sign... Read more »

2 Answers | Asked in Child Support and Divorce for New Jersey on
Q: It states that the age of a child when the initial child support order is entered, is she used to calc CS. When is that?

Let me be more specific. My daughter was 11 when my husband filed divorce papers, but 12 when we negotiated and then were granted our divorce in court. Is that when one parent first files for divorce? Or when it is granted?

Richard Diamond
Richard Diamond
answered on Oct 29, 2022

I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add... Read more »

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3 Answers | Asked in Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: My xwife have field a complaine vs mother and a daughter cause they abused my daughter,what is the statutes or ordinanc

Court clerk asked her for a statutes or ordinance ???? What is it please.

Richard Diamond
Richard Diamond
answered on Oct 25, 2022

Impossible to answer question posed without more information. My suggestion is that you schedule a consultation with an experienced family law attorney to discuss the complaint and the allegations so that you are better educated / prepared and better able to address the claims constructively.

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get divorce?

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 »

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

Im sorry to say it to you but you need to have a consultation with an experienced divorce lawyer. Anyone giving you advice as to whether you will or will not have an obligation to contribute to his expenses is doing you a disservice unless he sits down with you to get a clearer handle on what those... Read more »

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2 Answers | Asked in Domestic Violence, Family Law, Child Custody and Child Support for New Jersey on
Q: i have a question. i have a 6 year never been married my sons father keeps verbal abusing me what can i do ?

he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: If there's nothing currently in writing with court can the mother take a child out of state away from father

My son broke up with his girlfriend and now she is planning on moving out of state to live with her family and is taking their child with her even though he's tried talking to her about it saying he doesn't want that to happen because he will never see him. He can't even see his son... Read more »

Richard Diamond
Richard Diamond
answered on Oct 13, 2022

You are writing from PA and therefore I am not sure if your son and their child live in PA or live in NJ.

If they live in PA, you need to consult with a PA family law attorney as to the rules governing relocation.

If your son and his ex-partner live in NJ, then I suggest that your...
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2 Answers | Asked in Family Law and Probate for New Jersey on
Q: Is a verbal order by a Judge on transcript as valid as a written and signed order filed in the Court?

This case involves probate/estate litigation:

The Judge ordered the opposing counsel to provide an accounting of his client’s use of POA to the decedent. The OC filed an accounting that was not accepted by the Judge. The Judge clarified verbally during the next hearing what kind of... Read more »

Richard Diamond
Richard Diamond
answered on Oct 9, 2022

Actually, pursuant to case law, the order given by the judge orally from the bench controls if there is a dispute between the language of the written order and what the judge ordered from the bench. I would immediately order a copy of the transcript of the court's ruling and write to the court... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Do you have to disclose your debts when doing a prenup?

I have debt, planning on getting married. I will make sure any prior debts and debts acquired after marriage stay separate.

Richard Diamond
Richard Diamond
answered on Oct 6, 2022

If you are the person seeking to put in place a prenuptial agreement, then you must make full disclosure of all assets and all debts.

If you are the person against whom a prenuptial agreement is being presented, in the agreement, there is also an obligation for disclosure of your assets...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Mentally unfit co parent-what can I do?

I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or

Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... Read more »

Richard Diamond
Richard Diamond
answered on Oct 6, 2022

You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: What can I do when my boyfriend of 10 yrs won’t leave my house?
Richard Diamond
Richard Diamond
answered on Oct 5, 2022

The first question is what has he said to you as to his reason for not leaving? If you and he have been living together for 10 years, has he paid or contributed to the monthly mortgage expense? Has he given you money on a regular basis over that period of time for expenses for the house? Have there... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: How can I ensure that the correct parenting worksheet is used when calculating child support

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 »

Richard Diamond
Richard Diamond
answered on Oct 3, 2022

Preparing the child support guidelines correctly is not a simple task and simply because the county probation department officer prepared them for you does not mean that they were prepared correctly. My suggestion is that you pay a family law specialist to review the guidelines and meet with you to... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

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.

Richard Diamond
Richard Diamond
answered on Sep 28, 2022

Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... Read more »

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Are there exemptions from paying child support in NJ for persons whom are permanently disabled (brain injury)?

My aunt's husband took a bullet to the head and is now on permanent disability. He is not all there cognitively and he will end up receiving scrap money from disability. They are going to issue a warrant for his arrest and he will absolutely NOT survive if sent to prison. The man is not stable... Read more »

Richard Diamond
Richard Diamond
answered on Sep 15, 2022

He ( and a guardian on his behalf) need to meet with a family law attorney immediately. Yes, there are provisions in the law to address an individual with legitimate disabilities and presumably, if he is disabled, his child[ren] are receiving benefits as well.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... Read more »

Richard Diamond
Richard Diamond
answered on Sep 6, 2022

You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Greetings, Would like to obtain information re family laws concerning non-marriage co-parenting arrangements. Thanks!
Richard Diamond
Richard Diamond
answered on Aug 31, 2022

Married or unmarried, if you are a parent, you have specific rights and obligations and the best way to know what those rights and obligations are is to schedule a consultation with a family law specialist. And, moving forward, it is best to have a formal written agreement in place spelling out the... Read more »

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