Thank you for your question. Assuming that the father's paternity test was positive, you always have the right to seek child support from him for the benefit of the child, whether now or a few years from now. However, the longer that you go with accepting the goodwill of him and his family,... View More

Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.

The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that.... View More

Thank you for your question. I am sorry that your ex is behind in child support. Yes, in most circumstances, private pensions (but not social security) can be garnished. However, it is not “automatic.” You will likely need to make an application to the Court to establish the garnishment. I... View More

Thank you for your question. I am sorry to hear you are going through this stressful time. In a situation like the one you describe, contesting such an issue is certainly possible but succeeding in same depends on a getting more parenting time could be possible, however this would be based upon a... View More

Thank you for your question. As a general rule, a parent cannot move out of the state with a child unless both parties agree in writing or the parent is authorized to move out of the State by the Court. Relocation is a very fact-sensitive question and I highly recommend that you schedule a... View More

Thank you for your question. First, check with the payee and see if she is willing to agree to terminate via a signed consent order which needs to be sent into the court and probation. If not than the payor would have to file a motion with the court to terminate child support based on the law or... View More

Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More

Thank you for your question about restraining orders. Your question is very fact specific, and more information is required in order to give a proper answer. It would also be helpful to review both the restraining order as well as the no-contact orders. There is a procedure by which you can as... View More

Thank you for the question. If you are selling the former marital home, you should look to the terms of your final settlement agreement or order of the court from the time of the divorce to determine how the net proceeds are divided. If you do not have a formal court order addressing this issue... View More

Thank you for your question. Typically, assets acquired during the marriage are subject to equitable distribution and assets acquired either before the marriage or after the termination date of the marriage are not. There are, of course, circumstances in which there may be some entitlement, so I... View More

Thank you for your question. There are many factors that the Court looks at in a divorce proceeding and how to divide the assets that were acquired during the marriage. Your daughter’s spouse can claim that the home is subject to equitable distribution and that it should be incorporated in the... View More

Thank you for your question. I am sorry your ex-wife is apparently being deceitful. You have to file an application (Notice of Motion) with the court asking that your child support be terminated due to the fact that your child is no longer in college. At that time, your ex then has to provide... View More

Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... View More

Thank you for your question regarding discovery. Your question did not indicate what type of lawsuit you have pending against your family. However, discovery is not filed with the court. The motion to compel is a good approach, you could also file a motion to dismiss their responsive pleading and... View More

Thank you for your question about reopening your New Jersey divorce. In order to answer your question, the attorney would have to read your divorce agreement. The court in New Jersey usually enforces settlements between parties, however, in your case you believe there was fraud. Fraud could be... View More

Thank you for your question. There is no "tax" on the annuity. What I believe you are referencing is that the "present value" of an annuity is worth less than what the annuity will ultimately pay. If you are treating assets that both have a "present value" such as bank... View More

Thank you for the question. The interpretation of this issue should be based on the specific language of your settlement agreement. It is likely that the “enhanced premium” is considered a premium greater than the premium cost for the child’s coverage at the time of the divorce. Based on... View More

Thank you for your question. A complaint for divorce must be filed accompanied by a Marital Settlement Agreement which is a comprehensive document including the resolution of all outstanding issues. The Court’s will enforce an agreement between parties for so long as it is not unconscionable. It... View More

Thank you for your question. Typically, all issues are resolved at the time a divorce is finalized, including custody and parenting time, unless there is a specific reason why that cannot be accomplished, though that happens very infrequently. If your children reside in a different state than you... View More

Thank you for your inquiry. I am so sorry that you are going through this. Typically, during the course of a divorce, each party can be required to provide financial information and records going back several years, depending on the specifics of the matter, and specific documents can be requested... View More