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...View More
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...View More
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...View More
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... View More
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...View More
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... View More
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...View More
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... View More
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...View More
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... View More
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...View More
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?
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...View More
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...View More
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?
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... View More
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...View More
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.
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...View More
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...View More
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...View More
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... View More
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,...View More
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...View More
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...View More
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?
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...View More
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