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Questions Answered by Bari Weinberger

2 Answers | Asked in Child Support for New Jersey on

Q: Do I have to pay back child support before my court date?

My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I... Read more »

Bari Weinberger answered on Aug 23, 2019

Thank you for the opportunity to respond to your question. First I am not quite clear because you state that there is no set amount you are supposed to pay, but yet you state that you were backed up and they took your tax return. Such acts generally do not happen unless there is an order in place... Read more »

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1 Answer | Asked in Divorce for New Jersey on

Q: Keeping the marital home as a joint asset after divorce.

My wife and I separated two years ago and agreed she would buy me out of the house. The mortgage is still upside down, so she cannot refinance into her name. We already have an MOU to file uncontested which includes the original buy out clause, but what legalities do we have to consider by filing... Read more »

Bari Weinberger answered on Aug 14, 2019

Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU... Read more »

1 Answer | Asked in Divorce for New Jersey on

Q: If we file for uncontested divorce in NJ online, and one spouse changes their mind to contested, do we then need attorn

Bari Weinberger answered on Aug 12, 2019

Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on

Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Bari Weinberger answered on Jul 31, 2019

Thank you for your question. I would suggest that you may need to talk to the bank through which you are attempting to refinance. Often times, in my experience, a bank will require both parties to sign something, even if one is not legally an owner. You may also wish to have an attorney draft a... Read more »

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1 Answer | Asked in Child Support and Family Law for New Jersey on

Q: How does a child working affect child support payments? Can that cause a reduction in support payments?

Bari Weinberger answered on Jul 26, 2019

Thank you for your question. The answer to your question really depends on the child’s age. If they are under 18, and it is a child support guidelines case, then the child’s income is not included. However, if the child is over 18 and living away at college, child support is determined on... Read more »

2 Answers | Asked in Child Support, Criminal Law and Family Law for New Jersey on

Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting

child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her... Read more »

Bari Weinberger answered on Jul 22, 2019

Thank you for your question and I am sorry to hear that you have had such trouble with the court system. I think it’s important for your husband to schedule a consult with a family law attorney to talk about this in more detail. I would anticipate that there are various court orders which would... Read more »

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2 Answers | Asked in Divorce and Immigration Law for New Jersey on

Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

Bari Weinberger answered on Jul 12, 2019

Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With... Read more »

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3 Answers | Asked in Divorce for New Jersey on

Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?

Bari Weinberger answered on Jul 10, 2019

Thank you for your question.

Once a party is served with the Complaint for Divorce, they have to either respond to the Complaint within 35 days or the person that filed has to place them in default before the matter can proceed to an uncontested hearing. Therefore, you do not have to wait...
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1 Answer | Asked in Child Support for New Jersey on

Q: If I pay child support. I am going to have custody of my son for the next 2 wks. Do I have to pay during those 14 days?

Bari Weinberger answered on Jul 1, 2019

Thank you for your question. When you pay child support it is determined on a weekly amount throughout the course of the entire year. When you have the child overnight, you are given credits for the time you have so that you are always paying the same amount each week even when you have the child.... Read more »

2 Answers | Asked in Child Support for New Jersey on

Q: Am I entitled to child support after not going after it for 16 years?

16 Years ago, I had agreed not to receive support, and he wouldn't exercise visitation or custody, both understanding either could change their mind. My daughter now wants to meet him, but he refuses and has stopped answering texts or calls. Are we entitled to support after going years without it?

Bari Weinberger answered on Jul 1, 2019

Thank you for your question.

While child support is not waivable since it is the child’s right, you have to make application from the court to receive same. Once that application is filed, the statute only allows the court to place retroactive support back to the date of the filing of...
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4 Answers | Asked in Civil Litigation for New Jersey on

Q: Hello My name is Jessica.My sons dad is receiving a settlement next week.will i receive something?

What could be a reason i dont receive? Thank you

Bari Weinberger answered on Jun 25, 2019

Thank you for your question. Unfortunately, it is unclear as to what type of settlement you are referring too. In the event that you were named in the lawsuit, you may be entitled to some of the settlement. However, if you are not a party to the litigation, you may not have a claim to any of the... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on

Q: What will happen in court on the June 24th. Will the judge grant him.

We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to... Read more »

Bari Weinberger answered on Jun 10, 2019

Thank you for your question. It is unclear, based upon what you provided, what issues actually have to be addressed and what “claim” he filed that day and where. You will need to discuss custody and parenting time with an attorney so that he/she can better guide you in connection with both of... Read more »

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1 Answer | Asked in Child Support for New Jersey on

Q: Hi. I’m a male who lives in New Jersey and I am paying health benefits to my child through my employment.

My child’s mother is threatening to put me on child support even though we had an agreement that I pay $500 a month (which I think is fair) outside of the courts. I want to know if I put myself on child support can I choose an amount that I pay or is that up to the courts?

Bari Weinberger answered on Jan 10, 2019

Thank you for your question. Child support is governed by the New Jersey Child Support Guidelines. I suggest that you schedule an appointment with a family law attorney to discuss options and potential obligations. There are many variables that go into the calculations.

3 Answers | Asked in Family Law for New Jersey on

Q: What is my recourse when my ex wife takes my minor child out of the country with out my consent which is in our PSA

Bari Weinberger answered on Jan 7, 2019

Thank you for your question.

You can file an application with the court to her surrender the passport to the court and force her to seek your consent or court permission if she wants to travel. I recommend that you schedule an appointment with a family law attorney to discuss your next...
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1 Answer | Asked in Child Support for New Jersey on

Q: I was levy for child support. Whil i was in prison. Can i get my money back

Sry my bank account was levy

Bari Weinberger answered on Jan 4, 2019

Thank you for your question. If you received a levy for child support while you were in prison, it appears that you already had an active child support obligation that was not paid. If you had the obligation to pay child support and the levy was on your accounts or assets you held then it was... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on

Q: NJ: I have sole legal and physical custody of my 10 yo child, Can I have non custodial parental rights terminated?

Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active in my... Read more »

Bari Weinberger answered on Jan 3, 2019

Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your... Read more »

1 Answer | Asked in Child Custody for New Jersey on

Q: I just got married yesterday and i wanted to know if i could sign my rights over to my husband?

Can i choose who i want my child to live with in the state of Camden, New Jersey? If my husband signed the birth certificate and her last name is changed to his is he considered her dad?

Bari Weinberger answered on Jan 3, 2019

Thank you for your question. Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so... Read more »

2 Answers | Asked in Family Law for New Jersey on

Q: Can I take my kids from NJ to visit my brother in VA while still married?

Planning to divorce but haven’t filed anything yet. He’s threatening to call police for kidnapping because he thinks I won’t come back with the kids, even though I am going to come back.

Bari Weinberger answered on Dec 27, 2018

I'm sorry to hear you’re going through such a difficult time. The short answer is yes, provided there are no restraints against travel, you would be permitted to travel to VA for a vacation with your children. I would strongly suggest that you consult with an attorney specializing in divorce and... Read more »

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1 Answer | Asked in Family Law for New Jersey on

Q: My ex husband has had no contact with my three children for over five years. Is there a way to terminate his rights?

Four years ago the visitation for all three children was changed to supervised because of circumstances with his girlfriend. He had made no contact with the children even before that court decision was made. He does pay child support. Not consistently due to job hopping. My children are 14, 9, and... Read more »

Bari Weinberger answered on Dec 13, 2018

Thank you for your question.

Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as...
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1 Answer | Asked in Child Support for New Jersey on

Q: I would like 2 know is it 2 late 2 talk 2 an attorney about a old child support case

Ok i fount out about a year ago that my daughter is not mine & ev'rytime i went 2 court the mother nor the uncle who filed 4 child support wld neva show up & when i asked the court 4 a DNA test 2 prove that the daughter who is 30 yrs old they told me that it was 2 late which their is no time line 2... Read more »

Bari Weinberger answered on Dec 10, 2018

Thank you for your question.

In order to understand whether we can help you, we would need to see the court orders which denied your request for a paternity test and obtain other information for you. You should seek the advice of an attorney on this issue so that they can properly...
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