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Questions Answered by Bari Weinberger
2 Answers | Asked in Child Custody for New Jersey on
Q: Is it required for a parent to be considered ‘primary’ in NJ if it is 50/50 custody and both parents are fit?

If both parents are in agreement to have mutual custody is it possible for neither to be deemed ‘primary’

Bari Weinberger
Bari Weinberger answered on Oct 25, 2021

Thank you for your question. In a situation like the one you described neither parent is required to be designated parent of primary residence but there are a variety of reasons why someone may want to be designated primary residential parent even if residential custody is 50/50. Do each of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Can I have my daughter's mother arrested for taking her out of NJ? She moved to Colorado 6 weeks and did not tell me.

My daughter was born 8/18/20 soon after I broke up with the mother. We have had a parenting plan for visitation in place, we get her two days a week and every other weekend. A month after her first birthday 9/9 baby's mother took her to Pennsylvania without my permission. Then she said she... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2021

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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2 Answers | Asked in Civil Litigation and Family Law for New Jersey on
Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer &... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 30, 2021

Thank you for your question. The courts have been extremely slow in everything especially in the larger counties. From what I can tell you did not file in JEDS. That’s the way all family papers must be filed. The mail goes to the opposition. A TRO is typically granted but you need to defend... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Does NJ recognize or uphold a Postnuptial Agreement?

If the couple wishes to have separate finances but to raise their child together (so that the child doesn't have to go to 2 houses) until he goes off to college, can they stipulate to file a divorce then? Thanks!

Bari Weinberger
Bari Weinberger answered on Sep 28, 2021

Thank you for your question. Your question is a bit confusing because a postnuptial agreement is made after the marriage but before the divorce. Such agreements are scrutinized but can be approved under certain circumstances. Now a Marital Settlement Agreement made in anticipation of divorce is... Read more »

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4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Bari Weinberger
Bari Weinberger answered on Sep 23, 2021

Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: See below

I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 14, 2021

Thank you for your question. Leaving a spouse can be difficult both emotionally and financially. You would benefit from a consult, either by phone or by video conference, with a family law attorney to go over all of your rights and options and what you can expect if in fact you decide to leave your... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: Can I terminate paying child support if my son is 20 yo is in College but has steady earnings workin remotely in NJ?
Bari Weinberger
Bari Weinberger answered on Sep 10, 2021

Thank you for your question. Yes, you can but only if you have an agreement by consent with the Mother or an order from the court. If the Mother refuses to terminate child support then you must file a motion with the court seeking to emancipate your son and terminating child support. I recommend... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: What legal actions to take in obtaining assets from our house sale?

My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 12, 2021

Thank you for your question. It seems quite clear that you had an ownership interest in the house as well and various bank accounts and assets held in your Husband’s name. I would recommend immediately reaching out to an experienced family law attorney to discuss your rights and entitlements... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: How should I say no, legally, to a grandparent wanting visitation when she’s her sons supervisor for his visitation?

I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... Read more »

Bari Weinberger
Bari Weinberger answered on Jul 23, 2021

Thank you for your question. Generally, as you are the custodial parent, you can deny either set of grandparents their own separate visitation. However, generally, during the time you daughter is with you, you are free to have your parents present and when your daughter is with her father, her... Read more »

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4 Answers | Asked in Child Support for New Jersey on
Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.

Divorce papers state 18 if not attending school after high school

Bari Weinberger
Bari Weinberger answered on Jul 21, 2021

Thank you for your question. If your divorce agreement indicates that child support will end at 18 if no college or other school then it can. You should reach out to your probation department to let them know and they will send you forms to complete. It is not automatic at 18, since the law in New... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Sons wife filed for divorce, finalized 10/29/2020. Unfortunately he 52 yo passed 3/2/21

She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... Read more »

Bari Weinberger
Bari Weinberger answered on Jun 18, 2021

Thank you for your question. Based upon the information given, you do not have a particularly complicated fact pattern. However, you do have a series of legal issues that may or may not be complex. In this sort of scenario, the first document that needs to be analyzed is the party's judgment... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: I have been battling a 4.5 year divorce. How do I get out of this? Judge is biased because ex is ill. No access 401k o

I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »

Bari Weinberger
Bari Weinberger answered on May 12, 2021

Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion... Read more »

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Bari Weinberger
Bari Weinberger answered on May 10, 2021

Thank you for your question. It’s always extremely difficult to get out from under arrears. The short answer is to enter into a payment plan this way you don’t risk being arrested or losing your driver’s license. Additional information is needed to fully vette this issue like court orders,... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My husband and I are divorcing and have drafted a settlement agreement outlining all issues concerning the children,

property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »

Bari Weinberger
Bari Weinberger answered on May 5, 2021

Thank you for your question. If there is no alimony or child support obligations you can complete the CIS with the basic information and tax returns. If you have children, I would strongly recommend filling a complete CIS because you will need to include the CIS filed with the court with any future... Read more »

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5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
Bari Weinberger
Bari Weinberger answered on Apr 29, 2021

Thank you for your question. I am sorry you are having a domestic violence issue. Yes, you can hire an attorney and I strongly recommend that you do so as soon as possible as domestic violence matter can have a damaging influence on child custody matters. I urge you to schedule an attorney... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Interstate: California has Jurisdiction over divorce, filed first there. NJ just issued a dissolution. Where do I start?

I filed first in California 8/14/17. He filed in NJ in June 2020. NJ has jurisdiction over division of assets and custody but CA retained jurisdiction over status of divorce. He would not agree to settlement, so we had not moved forward with divorce. Judge issued dissolution without ordering us to... Read more »

Bari Weinberger
Bari Weinberger answered on Mar 30, 2021

Thank you for your question. Jurisdiction can be a confusing issue, but your fact pattern only raises more questions. You indicate that you accept that a New Jersey court had jurisdiction over equitable distribution of assets and of custody. A New Jersey court will not exercise jurisdiction over... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony

He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month

Bari Weinberger
Bari Weinberger answered on Feb 24, 2021

Thank you for your question. Regarding your concerns, there are remedies available to you in order to address your ex’s outstanding obligations. It likely will require you to file an application in Court to seek recourse for the actions in violation of prior orders. Based on the circumstances,... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... Read more »

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3 Answers | Asked in Family Law for New Jersey on
Q: I had a 3-month return date for a pro se motion I filed in family. I amended it once and need to again. Is that doable?

The first time my ex-wife did something after I filed that needed to be addressed and I left off one Exhibit by accident. Now she has done something serious again and I want to amend once more. How do I write that?

I put in the word 'amended' on the Notice page etc. the first... Read more »

Bari Weinberger
Bari Weinberger answered on Jan 29, 2021

Thank you for your question. What you can do is file a Reply Certification after the wife files her opposition to your motion. This way you can advise the court of her recent acts. The good thing about the Reply Certification is that the other party is not allowed to file a response to it. So... Read more »

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