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Questions Answered by Elena K. Weitz
3 Answers | Asked in Divorce for New Jersey on
Q: Divorced - ex police retired at early age thinking he can stop alimony. Left N.j. can I go after pension? arrears?

he remarried & left N.J. to avoid payment.

In arrears only N.J. asset is his state pension. Need assistance

Elena K. Weitz
Elena K. Weitz answered on Apr 19, 2018

You should take your divorce agreement to an experienced matrimonial law attorney to review his obligations and discuss your rights. He cannot avoid alimony by moving or remarrying and there are various methods of enforcement you can seek to obtain his compliance with the court order. You really... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My ex lives in NJ, I live on the New York side NY/NJ border. Can my ex stop me from marrying & moving about an hour away

I am the custodial parent. The Judge rule the baby was too young

and basically said not until after 3. But didn't rule against a later move.

I have always been quite liberal with visitation and more than court ordered. Plus makeups when my ex travelled.

My question is... Read more »

Elena K. Weitz
Elena K. Weitz answered on Apr 18, 2018

The standard in New Jersey for relocation is a detrmination of what is in the child’s best interest. The happiness of the custodial parent is not the primary consideration. The child’s best interest involves consideration of multiple factors related to child’s quality of life and contact with... Read more »

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: I have full custody of 2 of my kids, I have a 6 mo old by another woman and she wants to put me on child support.

Will the courts allow this?

Elena K. Weitz
Elena K. Weitz answered on Mar 23, 2018

Yes, you can be ordered to pay child support for any child of yours which is not in your custody. In some circumstances you may receive a "credit" for the fact that you have custody of two other children in the calculations for child support. I suggest consulting with a family law... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Can my 15 year old daughter ask to live with her father because she doesn't like my rules?

She says that I yell at her, stress her out when I make her live up to her responsibilities (not her words, mine). She wants to go to the school in her Dads district, I told her I would make arrangements for that. Except her father doesn't want to make transportation plans. She says I... Read more »

Elena K. Weitz
Elena K. Weitz answered on Mar 20, 2018

A change in residential custody would require your consent or a court order. To get a change in custody, the father would have to prove that there is a significant change in circumstances which would prompt the change in custody and which would be in the best interests of the child. The... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: How do I get child custody and support out of my divorce papers? I can not take ex to court unless I do.

Edited:. When I got a divorce support and custody is part of out divorce papers not separate. I was told in order to take my ex to court I have to pull custody and child support out of my divorce. Before I can take him to court. I know the steps on filing a motion to take action, but I can't... Read more »

Elena K. Weitz
Elena K. Weitz answered on Mar 15, 2018

I'm not exactly clear on your question. I think you are asking how to get your ex to pay child support and medical expenses. In order to have your ex pay child support and medical costs you would have to file a motion to the court to get an order stating that he must pay. You should... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My ex kicked out 16 year old son out. I filed for emergency custody and got it. Do I need a lawyer for court.

My son wants to live with me. My ex wrote a letter stating she doesn’t want to give up custody. He’s enrolled in school here now. She’s “kicked him out” 3 tines in the past month but the last time is when she called me to get him. I don’t know if I should bring a lawyer. What are the... Read more »

Elena K. Weitz
Elena K. Weitz answered on Mar 12, 2018

A change in custody can be a complicated legal proceeding. Your son’s wishes are only one of many factors the court will consider when determining whether a change in custody is appropriate; there are a number of factors which the court must consider in awarding a parent custody and to change... Read more »

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3 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: If the other party is breaking a court order, does that give me freedom not to honor my end of the agreement?

I have a court order stating the defendant must pay $500.00 per month in child support and I have to bring my daughter back to New Jersey once a month for visitation purposes. It was a relocation case and I was honored the relocation to Florida under those circumstances. The defendant has not paid... Read more »

Elena K. Weitz
Elena K. Weitz answered on Mar 7, 2018

I understand you have a difficult situation and I’m sure it’s frustrating that you are obeying the court order and the other parent is not. However, yes, you must still follow the court order, even if the other party is not. If the other party is not following the court order than you can make... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: My divorce agreement states (in regard to unreimbursed medical) that I am to pay all unreimbursed medical until 9/1/14.

After 9/1/14 the unreimbursed should be split in a pro rata basis based on respective incomes. All other monetary issues are based on 80/20 split. Since my ex does not work and has no income does that mean she is not responsible for her 20% pro rata share?

Elena K. Weitz
Elena K. Weitz answered on Mar 6, 2018

It really depends on why she is not working. If there is no impediment to her not working, she would be imputed an income based on her work history, education, training, etc. and that is the number which would be used for the pro-rata share for unreimbursed medical. You may have already done this... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: Can child support be stopped in nj when child is 17?

Arrears owed is about 10K. 17 year old no longer wants to stick to visitation schedule and my ex wants to stop current child support and just pay for arrears. Can this be done?

Elena K. Weitz
Elena K. Weitz answered on Feb 24, 2018

Yes if both parents agree you can enter into a consent order to suspend or terminate future child support payments. If your son may go to college I would caution against termination of child support as this may effect this. If you are all getting alone I would enter into an agreement to put child... Read more »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: What is the posibilities that my daughters father get to live with baby every other week.. can judge do that
Elena K. Weitz
Elena K. Weitz answered on Feb 23, 2018

A judge can order a 50/50 parenting time schedule, which is a schedule for equal time between the parents. Do you have any more details that you can provide which you think would effect this kind of schedule?

3 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Hello, I have 3 children 21, 18 and 17. My 17 wants to live with me full time. We have joint custody. Is there a way?

For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not... Read more »

Elena K. Weitz
Elena K. Weitz answered on Feb 22, 2018

You can either get consent from the mother or file to the court for residential custody. If you need help on doing either you can consult with a family law attorney for assistance.

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1 Answer | Asked in Child Custody for New Jersey on
Q: If I were to take my child’s father to court in order to get full legal custody. Will the judge ask how did we meet?
Elena K. Weitz
Elena K. Weitz answered on Feb 19, 2018

Most likely they will not ask this unless it’s somehow relevant to custody.

2 Answers | Asked in Child Support for New Jersey on
Q: Will my child support payment be lowered once my daughter goes to college and is not at home. NJ
Elena K. Weitz
Elena K. Weitz answered on Feb 18, 2018

It’s possible that child support will go down if your child is not living at home anymore. Whether child support is reduced, and how much, depends on a few circumstances which would require a discussion about all of the facts in this case. The reduction also will not happen automatically, you... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can one be found guilty of harassing someone solely based on text messages one sent to another person?

A guy has filed a harassment complaint against me. I have never texted, called, emailed, mailed, Facebooked, physically approached, or in any way initiated contact of any sort with this person. His complaint is based on messages I sent to someone else in which he was a topic.

Elena K. Weitz
Elena K. Weitz answered on Feb 13, 2018

It’s not clear if he filed a restraining order against you or a criminal complaint. Either way, the consequences are serious. Most attorneys will need more information to give you any advice and will need to review the documents you have. Please consider consulting with an experienced family law... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Me and my 6 month old father did a agreement and he wrote it in a letter just saying how much he will give me.how does

Visitattoos work and can they give him 50/50if he request that?

Elena K. Weitz
Elena K. Weitz answered on Feb 13, 2018

The visitation schedule is based on many different factors, including what both parents want for visitation, work schedules, school and activity schedules, the best interests if the child, the health and safety of the child, and many other factors. It is possible the father could get 50% of the... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I am the caregiver of my 6 month baby and her father been there but can he bring her for over nite if she is so little?

And I did a verbal agreement with him but we never settle visitation. How does that works? How many days in the week I have to let him come to my house

Elena K. Weitz
Elena K. Weitz answered on Feb 13, 2018

Overnight visitations can take place for a child 6 months old. A verbal agreement is not valid, however. You need to get everything in writing and signed by both parties. The best way to go is to have an attorney write a court order with all the terms you agree on and then both of you sign and it... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My husband and I married in 1982 and lived in separate homes around 1992.

We never got a legal separation and he has filed for divorce. He lives in NC and I live in NJ. Am I entitled to anything or can I be held liable for bills, etc. that he incurred over the years. When we together he received monies from a 401K plan that I did not know anything about. We filed... Read more »

Elena K. Weitz
Elena K. Weitz answered on Feb 12, 2018

More details would be needed to address your concerns. You should bring all relevant documents to a divorce attorney to discuss the details and see what can be done. If he has filed a complaint for divorce there are strict timelines to answer and other requirements that you have to comply with,... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: Am I entitled to child support if divorce agreement says joint custody but my ex husband lives out of state and kids

Live with me primarily

Elena K. Weitz
Elena K. Weitz answered on Feb 12, 2018

Typically if you are the custodial parent you are entitled to child support and where the other parent lives does not effect this. If you have a divorce agreement, child support is usually set out in these agreements. I suggest that you consult with a family law attorney to review your agreement... Read more »

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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: I currently put my childs father on child support after 5 yrs and he is already requesting for a decrease in payments.

He also wants to know my current address after 5yrs I'm I obligated to let him know. He also wants to change his visitation days too more. What are the chances he will receive it?

Elena K. Weitz
Elena K. Weitz answered on Feb 12, 2018

It’s difficult to say whether he will get the increase in visitation and decrease in support without more details. Both changes involve consideration of a many details. It is possible what he requested will be granted depending on the details, but without more information it’s hard to give you... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I have not receive CS for 4 months. What should I do?

It has been 4 months w/o CS. I have been to court for non-payment already and the case was place on strict probation. So far I have not seen any type of enforcement by Child Support Agency other than verify his address. What should I do?

Elena K. Weitz
Elena K. Weitz answered on Feb 8, 2018

My question would be whether you went to court on a motion of your own before a Judge or if the probation department held an enforcement hearing with a hearing officer. Depending on the circumstances, I would say file a motion to place him on a one-missed payment status, request a warrant for his... Read more »

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