Thank you for your question. The purpose of a premarital agreement is to protect assets and to make clauses go into effect upon a specific event, such as filing divorce. So the short answer to your question is yes. Typically, not just the filing of a divorce complaint will trigger the agreement....Read more »
My self and my wife are legally in the USA since 2008, under G4 Visa ( which is a non-resident visa, for working in an international organization) can we file for divorce in NJ. Does the courts has jurisdiction in NJ?
Thank you for your question. To file for divorce in New Jersey you or your spouse must have resided in the state of New Jersey for at least one year prior to filing. We would file in the county in which you reside. You can file a no-fault divorce based on irreconcilable differences if you and...Read more »
Thank you for your question. Child support in New Jersey is calculated pursuant to the NJ Child Support Guidelines. If your oldest will be emancipated in May, they will recalculate the child support pursuant to the guidelines based on your remaining two children. It is not necessarily a third,...Read more »
Thank you for your question. I understand how concerned you are regarding your former spouse’s retirement and not receiving your share of his retirement under the QDRO. One purpose of the QDRO is to ensure you receive your share of this marital asset. Immediate action should be taken to further...Read more »
We have a custody agreement that states I get them for 4 consecutive weeks every summer, we are both also entitled to 2 weeks vacation. We don’t not need each other’s permission, we are just required to give 60 days notice. I want to take vacation during the summer obviously because the kids... Read more »
Thank you for your question. Unless the agreement indicates otherwise, you can take both your vacation time and summer time in the summer. If your ex is not complying with the agreement, your option is taking the matter to mediation in an attempt to resolve the issues or filing a post judgment...Read more »
I just found out 2 weeks ago about my daughter and got paternity results. Will I be able to get her ? I don’t have a dhs case can I just file for custody ? I want her but do I have to be involved in this dyfs mess if I just found out about the baby ?
Thank you for your question. Sorry that you are faced with this issue. DCP&P (formerly DYFS) is obligated to reach out to you as the father of the child as terminating parental rights of course also affects you as the father. You need to involve yourself in the DCP&P case as soon as possible....Read more »
Apparently my daughter has registered to college fulltime. I dont understand how she is paying for college when she is undocumented. Based on her migratory status and age should I still be paying child support and for how long? When I have spoken to my daughter she tells me her mother refuses to... Read more »
Thank you for your inquiry. It sounds like you’re dealing with a difficult situation. Generally speaking, legal documentation has little to do with the payment of child support and the law calls for child support to be paid until a child is “emancipated.” The Court often requires child...Read more »
Thank you for your question. If a court order is based upon erroneous evidence, you can file a motion for reconsideration within 20 days after the order was received. If the 20 day time period has expired, depending upon the situation, you may still be able to file a motion with the court. I...Read more »
Thank you for your question. I am sorry to hear that this is happening. If your son was arrested, I presume that one of the charges he is facing is for assault. If he is charged with assault, he likely has two court proceedings arising out of the same incident. One court proceeding would be in...Read more »
My ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time? Will this require legal action? I pay minimal CS, and will follow up with my atty on that, just wondering about choice of physical location? Thanks
Thank you for your question. You do not specify whether you have joint legal or joint physical custody, or both, which will be crucial in allowing us to provide guidance to you. With that being said, custody is always subject to modification when there is a chance in circumstance, and your...Read more »
Prior to October 2019 I was paying my ex directly, by court order but from me to him electronically so there is proof, we did not have a case established with the probation department. On October 25, 2019 the court order increased slightly and was not processed by the county office until December... Read more »
Thank you for your question. In order to change the records regarding your relationship to the child, name and employer, you will need to speak with the case worker directly. As to the amount owed, you should provide proof of payment of child support so the child support department can adjust the...Read more »
I got married 10 years ago, we split shortly after, but have not been divorced yet. She's had a hand full of kids over the years, all not biologically not mine (proven in court with DNA tests). Apparently she had defrauded social services and now I am forced to pay back her debt for the benefits... Read more »
Thank you for your question. Unfortunately, what you have described is a rather complex issue and without seeing the court orders that are in existence with respect to termination of parental rights and the benefits with the Division of Child Protection and Permanency, it is impossible for us to...Read more »
Thank you for your question. The answer would depend on a number of things. Is this your ex-husband, or a current husband? Was there already a child support order in place prior to your son turning 18? In New Jersey, if there was a child support order, the support automatically terminates at...Read more »
Thank you for your question. Has the order been transferred to PA courts? If not, New Jersey would still have jurisdiction. Typically, child support in NJ automatically terminates at age 19 unless there are special circumstances such as the child is still in school full-time or is disabled, in...Read more »
I am sorry to hear that you are going through this stressful situation. If your former spouse refuses to follow the official settlement terms of your divorce, you may be able to go to the courts to ask a judge to enforce the terms. For example, if your settlement called for the marital home to be...Read more »
Thank you for your question. I am sorry to hear you are experiencing this stressful situation. The courts take the issue of alimony enforcement very seriously. Check your Judgment of Divorce’s details for any specific language it might include about issues of non-payment. If you and your former...Read more »
Even though I asked for child support re evaluation in 2018 with bad legal council. Can I get back support since it is such extreme bad faith and he miss lead the court that there was no change of circumstance?
Thank you for your question. The question you present is very fact sensitive and depends on the proofs you have regarding the alleged $50,000. I encourage you to contact an attorney to schedule a consultation.
Thank you for your question. The NJ child support statute states that an obligation to pay child support shall terminate when a child reaches the age of 23. In certain circumstances, such as when a child is disabled or still in school, financial maintenance may be sought, though it is not...Read more »
I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what... Read more »
Thank you for your question. I know how concerned you must be about the safety of your daughter.
In all issues regarding children, the Courts have to determine the best interests of the child. It is important to always document all evidence to protect the safety of your daughter. There...Read more »
Thank you for your question. I understand how worried you must be about your Wife wanting a divorce and leaving the house. In New Jersey, there is no option to file a legal separation with the Courts. With regards to the health insurance question, you cannot simply remove her just because either...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.