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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can someone on the child registry list not be supervised by other adults when the child lives there
Richard Diamond
Richard Diamond answered on Sep 9, 2021

If someone is required to be registered on the "child registry list", presumably there is a court order in place identifying the restrictions imposed on contact with children and who is qualified to supervise. Start with that document and also speak with the probation department officer... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

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 »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: NJ Superior Court Middlesex I asked my attorney for a copy of the testimony that a judge heard in order to create the

TRO. I was told. Nope. Cant make a copy. Must go to lawyer's office to hear. True?

Richard Diamond
Richard Diamond answered on Aug 23, 2021

I have no idea whether there was an order entered imposing a restriction on whether the lawyer could send you a copy of the tape recording of the testimony provided to the judge or hearing officer to support a TRO, but if your lawyer wants you to come into his / her office to listen to it, then go... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I have a living arrangement but a situation has occurred that is now affecting it. How would I go about this?

I am living with my sister but I am moving out of state we had a conversation about it confirmed it and I set everything up so that I’m ready to go by January as far as my current job and how I will be getting to this state with all my belongings. I set these plans with a friend who is coming... Read more »

Richard Diamond
Richard Diamond answered on Aug 9, 2021

I gather you and your sister had some type of fight and she is angry at you. I gather also that the home you are living in is either rented or owned by your sister and therefore she feels comfortable telling you that you need to leave. My suggestion is that you swallow your pride and talk with your... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: What legal actions to take in obtaining assets from our house sale?

My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the... Read more »

Richard Diamond
Richard Diamond answered on Aug 9, 2021

You need to file for divorce and in the divorce, ask that assets of the marriage be restrained until an equitable distribution of the assets of the marriage can take place. The fact that the home was acquired in his name alone does not mean that you do not have an equitable distribution interest in... Read more »

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1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can i be emanispated at the age of 17 because of a verbal abusive guardian in Nj?

I have a job and am getting a good amount of money. I am in school still but will any of this interfere with getting emanispated. Even if i continue to go to school and take care of myself.

Richard Diamond
Richard Diamond answered on Aug 5, 2021

Before deciding you need to be emancipated, go online and do a google search on available social services for teen counseling programs in your area to help prepare you for a change in your life. Counseling can help you better handle the abusive communications, assist you in understanding what... Read more »

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

Richard Diamond
Richard Diamond answered on Aug 5, 2021

This is not a simple enforcement application and therefore I suggest that filing an application on your own will be a mistake. Under the court rules, your certification ( your testimony) in support of your application can be up to 25 pages separate from all of the attachments ( exhibits) to your... Read more »

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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 »

Richard Diamond
Richard Diamond answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

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2 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: When was 2019 NJSA Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies -revision DATE?

When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2021

You would need to spend the time just like a lawyer to look that up on the legislative history for the statute. You need to do this online and I suggest using Westlaw or Lexis, be aware they will charge you for the search

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1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for New Jersey on
Q: How much alimony am I entitled to get?

My husband filed for divorce after marriage of 27 months.He filed for divorce in new jersey.He is 32 years old citizen.I am 27 years old green card holder.He earns 70k and I earn 20k annually. I am not having any usa educational degree. He brought house and car before marriage.

What can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 16, 2021

These questions cannot be decided in a vacuum like this. You need to retain an experienced matrimonial attorney to protect your interests in this matter. This is not a do-it-yourself project. You can "meet" your attorney by way of a secured video conference or in person. Remember, a good... Read more »

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 »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My son has a baby, doesnt want a relationship wjth but wants to provide for him. What's the best way to do this
Richard Diamond
Richard Diamond answered on Jul 1, 2021

Legally, even if he doesn't want a relationship with his child, he still has an obligation to provide child support for him, health care assistance and contribution to work related child care. As a general statement, to determine the amount of child support your son should pay, the state of... 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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1 Answer | Asked in Family Law for New Jersey on
Q: 1.2(h) The terms “mother” and “father” (as used by the children), or any such similar parental term as used by the child

My ex is forcing my kids to call his girlfriend Mom , even though I have putted the clause that the term Mother or father will save only for real parents. I have requested him so many times not to do that but he refused to listen . What would be my option to take further action?

1.2(h) The... Read more »

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

Please contact a divorce and family lawyer to help you file a motion to enforce your agreement.

1 Answer | Asked in Adoption, Family Law and Immigration Law for New Jersey on
Q: \ if a child is in an immigration process. and both parents abuse him. would he get deported, or get a citizenship?

/

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

This is a question for an immigration lawyer. Please contact an immigration lawyer for assistance.

1 Answer | Asked in Adoption, Family Law and Immigration Law for New Jersey on
Q: \ if a child is in an immigration process. and both parents abuse him. would he get deported, or get a citizenship?

If A child gets abused by both his parents, and he informs the police, would they deport him and his parents. or would he be given to a foster family/orphanage. would they get citizenship? or get deported?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 21, 2021

There are several places that can help the child. The child's status has to be explained to the police and there are family crisis agencies that can help. The courts sometimes have to become involved. Deportation depends on many things. Getting citizenship also depends on many things. Check... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: My ex wife has been receiving SSDI child support payments for the 4 children but I don't get credited for the payments
Richard Diamond
Richard Diamond answered on May 19, 2021

If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As... Read more »

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Richard Diamond
Richard Diamond answered on May 7, 2021

Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My husband and I are divorcing and have drafted a settlement agreement outlining all issues concerning the children,

property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2021

If you and your husband have prepared a formal settlement agreement resolving all issues outstanding ( as opposed to a document "outlining" same), in filing your respective pleadings with the court, you and your husband can simply seek enforcement of the settlement agreement and let the... Read more »

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