Thank you for your question. Yes. You can start the divorce process in NJ where you reside so long as you been living in New Jersey for at least a year. I recommend speaking to a matrimonial attorney to explore your options and make sure it is done correctly.
Thank you for your question. The question is very vague however, if the Pro Se signed an agreement that specifies that he/she is waiving his/her right to the marital property and it specifies this waiver clearly than you can argue that he/she waived it. However, if there is no specific language...Read more »
Thank you for your question. Assuming you have proof of your claims, then you can pursue a Temporary Restraining Order against your ex for harassment due to the violation of your privacy rights via the computer hack. You would benefit from a consult with an attorney to discuss the Temporary...Read more »
Thank you for your question. I am sorry to hear that your encountering difficult with the other party meeting child support and other child related expenses. It’s not clear from your question whether there is an existing court order for support of if one needs to be established. A motion can be...Read more »
Thank you for your question. First and foremost, all motions are required to be sent via regular and certified mail. I would call whatever courthouse where court is allegedly scheduled to occur. You are looking to speak with the family division office. Once there with your name and even better if...Read more »
Thank you for your question. You need to contact your local police department to make a report of each and every incidence. Unfortunately, without understanding what you mean by discriminated I cannot offer any advice on that issue.
My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her,... Read more »
Thank you for your question. When one parent moves to another country, there would likely be good cause for the parent remaining in the United States to have sole residential custody, especially if the other parent has not been exercising parenting time. The key factor to modifying an existing...Read more »
Thank you for your question. Pensions are governed by the federal law, specifically the ERISA statute, but state courts in New Jersey have held that a pension may be garnished to pay child support. There may be more than one court order needed for the plan administrator of the pension to do so....Read more »
My wife has been paying child support for over a decade and was recently contacted by her son who is now an adult. The child has not been living with the father, but with the grandparents. We also suspect that the father is using her child support to pay for his child support for a child he had... Read more »
Thank you for your question. Child support can be tricky, in that most of the relief only reverts back to the date an application is filed with the Court. It is imperative that your wife speak with an attorney experienced in child support and college contribution as soon as possible so that she...Read more »
My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »
Thank you for your question. I am so sorry that you are going through this. It sounds like a really tough situation. Generally speaking, the Court will not permit a voluntary termination of parental rights unless there is good cause; avoiding a child support obligation is not something that is...Read more »
We got engaged 2016, He bought the home approx. 1yr before we married. While we renovated he lived with me at my home. We married 12/17 and then sold my place and went to live in new home. On 7/23/19 we signed papers at the lawyers to put my name on the deed. I just learned today he never followed... Read more »
Thank you for your question. If the house is in joint names, you have an equitable interest in the house, although it may not necessarily be 50% based upon the fact that he purchased it prior to the marriage and your marriage is short term. With respect to what will happen to you financially, I am...Read more »
he has been paying for 10 years he cannot even afford an lawyer because 67% of his income goes to his ex he wants to retire and move to Nevada where he will not have to work how do we get rid of the alimony payment she is a nurse and has income there is no more child support order is there a way to... Read more »
Thank you for your question. Unfortunately, I am not able to provide you with an answer as I do not have enough information. Whether or not your boyfriend can retire is dependent upon the terms of his Matrimonial Settlement Agreement and how long he is required to pay alimony and under what...Read more »
Child was estranged and the father had no input on college decisions. Father also can't afford to contribute to college on top of the child support he is already paying. Couple was never married and have no agreement about college.
Thank you for your question. There are many different factors to consider when analyzing your particular question. It is not a cut and dry answer so there is information we need from you to be in a position to better guide you. A court could require a contribution toward that cost but based upon...Read more »
Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a... Read more »
Thank you for your message. This is a terrible predicament for grandma. Lawyers are oftentimes imposing and unnecessarily demanding. It sounds like you have given her the correct advice, however, if she already signed the document I’m sure the lawyer has filed it with the court. She needs to...Read more »
I divorced in 2013 due to DV. Contract states 250/week child support, 500/month alimony.
At time of divorce - 11 year marriage/2 children - I was undocumented and had no education as we decided to stay in USA to get his career going and I left University in Canada where I was a permanent... Read more »
Thank you for your question. I am sorry you are going through this situation. To answer your question, alimony arrears and child support arrears are treated differently. Child support arrears are only retroactive to the date of the order or filing of the complaint -depending how the judge entered...Read more »
I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?
Thank you for your question. At a final restraining order hearing, both parties have the ability to present evidence and call witnesses. The judge will decide, after hearing all the evidence, whether or not to issue the FRO. In a case where the main issue is anonymous letters, evidence related to...Read more »
Thank you for your question. It will depend whether the source is from an active or passive asset. You can always look for a recalculation of child support based on change of circumstances for her. Best of luck.
Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have... Read more »
The question of jurisdiction focuses upon where the child resides. Since the child lives in NY and there’s an existing custody order, you would have to go back to the family court in Poughkeepsie, NY. Therefore I would recommend you seek counsel there. Be prepared to present proof of your...Read more »
for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... Read more »
Thank you for your question. Unfortunately, your rights as a spouse are not protected by a separation. You need to file for a divorce. Under NJ law you would be entitled to equitable distribution, child support, spousal support and a plethora of other rights. You should absolutely hire an...Read more »
Thank you for your question. The short answer is that child support and custody are not intertwined. The right to receive child support belongs to the child and a parent cannot waive support on a child’s behalf. As such, the likely answer is that she will always be permitted to file an...Read more »
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.