Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Richard Diamond
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?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

The county where the divorce judgment was entered.

Make sure you use the correct docket number on all pleadings filed and make sure that you send a duplicate copy of your application to your former spouse at the same time that you file with the court and make sure that you have proof of...
View More

View More Answers

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

Richard Diamond
Richard Diamond
answered on Dec 28, 2023

Your understanding of the decision in Kayahan is wrong. In that matter, the court said:

When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.

You are not...
View More

View More Answers

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?

.

Richard Diamond
Richard Diamond
answered on Dec 28, 2023

The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation... View More

View More Answers

1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

1 Answer | Asked in Family Law, Personal Injury and Civil Litigation for New Jersey on
Q: i filed a motion to strike the pleadings of defendat for failure to make discovery

I have a lawsuit against family members where I am nearing the end of discovery. the defendants have not conducted any discovery which led to their pleadings being struck without prejudice. I filed a second motion to strike with prejudice and the courts filed an order stating the court will dismiss... View More

Richard Diamond
Richard Diamond
answered on Dec 11, 2023

My suggestion is that you meet with / retain a lawyer to take over the handling of your matter since I am not sure that you understand the legal significance of your actions or the court's response to it. You served discovery requests on the other side and presumably, they answered your... View More

2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

View More Answers

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Support for New Jersey on
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.

A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't... View More

Richard Diamond
Richard Diamond
answered on Nov 27, 2023

I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se... View More

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New Jersey on
Q: My son won't let me see my grandson? I'm live in NJ, do I have a right to see him??

My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More

Richard Diamond
Richard Diamond
answered on Nov 15, 2023

Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing...
View More

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Richard Diamond
Richard Diamond
answered on Nov 9, 2023

The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More

View More Answers

1 Answer | Asked in Family Law, Child Support and Civil Rights for New Jersey on
Q: I have been disabled since 1999 and till this date am still being garnished from my SSD, NJ never changed my CS amount.

I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.

Richard Diamond
Richard Diamond
answered on Nov 8, 2023

You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: My girlfriend’s ex husband is attempting to take her kids out after an event on her night

My girlfriend’s ex husband is attempting to take her kids out after an event on her night. He has invited family out to dinner and thinks he is taking them. Per the divorce agreement and parenting schedule it is her night . If he physically tries to take them am i able to stop him

Richard Diamond
Richard Diamond
answered on Oct 30, 2023

I'm going to guess that the "event" is something special for the child/children and after the event his family is going out for dinner, and he wants the children to join them. The short answer is that your girlfriend needs to take the lead on this issue and if she does not want the... View More

View More Answers

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Where exactly COLA child support administrative hearings (probation dept) are held in Paterson, NJ?

The notice to appear says to report to "65 Hamilton St., Court Annex". There is no floor or suite number. The mailing address of the probation division is 77 Hamilton street. I am already anticipating the guards at the entrance shrugging their shoulders and having no idea where it is... View More

Richard Diamond
Richard Diamond
answered on Oct 23, 2023

At the courthouse annex, you will let them know that you are there to meet with a hearing officer to do the cola to the existing child support order. If they ask you information about your ex's financial setting, you can provide them with whatever details you are aware of as well.

1 Answer | Asked in Family Law for New Jersey on
Q: Family court contempt of order can it go to small claims court in NJ?
Richard Diamond
Richard Diamond
answered on Oct 15, 2023

If your spouse has failed to comply with financial obligations owed to you under the terms of your divorce agreement or court order, an application to the court for relief is filed in the family court. If you file it in small claims court, the judge will most likely transfer your application to the... View More

2 Answers | Asked in Family Law for New Jersey on
Q: Good afternoon, I want to know if you signed a settlement agreement at ISC can it be changed?
Richard Diamond
Richard Diamond
answered on Oct 11, 2023

1. were you represented by an attorney at the ISC?

2. After you signed the "settlement agreement" at the ISC, did you appear before a judge for purposes of the judge granting the divorce?

3. Was it a formal settlement agreement or a settlement term sheet?

4. Were...
View More

View More Answers

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Can I get a restraining order in New Jersey if I live at inlaws with minor who his uncle visits mom but hit son

Son was hit

Richard Diamond
Richard Diamond
answered on Oct 11, 2023

I would start off by filing a criminal complaint of assault with the local police department, in the town where the incident occurred against the uncle who struck your son. While you are at the police department, you can inquire as to whether you can file a domestic violence complaint as well as a... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My soon to be ex & I are in an ISC mid-Oct. We are pro-se. I'm unemployed & know that I am going to get cut off all $

He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More

Richard Diamond
Richard Diamond
answered on Sep 25, 2023

An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More

1 Answer | Asked in Family Law for New Jersey on
Q: RE: QDRO in NJ What provision of NJ state domestic relations statute does order implement....

I have a sample qdro from plan administrator which I am completing based on jod but there is a part I don’t understand what they want. It reads: “This order is issued (cite specific provisions of the state domestic relations statute which order implements)

Richard Diamond
Richard Diamond
answered on Sep 25, 2023

QDRO stands for qualified domestic relations order.

As a general statement, qdro's are used to divide employment-related retirement assets subject to division in a divorce order or contained in the divorce settlement agreement.

If there is a divorce judgment/settlement...
View More

3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: if two people have a kid, can a parents obligation for child support be lifted if both parties sign off on it?

Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More

View More Answers

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Why must I continue to pay Child support if my daughter moved out from home and is working and paying rent?

My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?

Richard Diamond
Richard Diamond
answered on Sep 5, 2023

I dont mean to be rude but I think the answer is that you probably have not spoken with a family law specialist. Under the statute, the probation department is to stop collecting child support when an individual hits the age of 19 unless the individual is pursuing a higher education, and then the... View More

View More Answers

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Estate Planning for New Jersey on
Q: My boyfriend co-signed with me on the purchase of a vehicle, and we are both on title. I have made and continue to make

all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More

View More Answers

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.