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Questions Answered by Bari Weinberger
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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2 Answers | Asked in Divorce for New Jersey on
Q: I married in PR live in NJ my ex-wife lives in Ohio we been separated for over 8 years can we get divorce from the u.s
Bari Weinberger
Bari Weinberger answered on Jan 14, 2021

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.

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Pro se waived rights to marital property-Can that be reconsidered since the house was sold?
Bari Weinberger
Bari Weinberger answered on Jan 14, 2021

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 »

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3 Answers | Asked in Child Support for New Jersey on
Q: Can I take my ex to court for hacking into my emails and threatening to use them to keep me from filing child support
Bari Weinberger
Bari Weinberger answered on Jan 11, 2021

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Bari Weinberger
Bari Weinberger answered on Jan 7, 2021

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 »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

Bari Weinberger
Bari Weinberger answered on Dec 17, 2020

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 »

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4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Bari Weinberger
Bari Weinberger answered on Dec 4, 2020

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.

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3 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: My x is leaving the US, can I get full custody of my daughter? I don't know if he is coming back

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 »

Bari Weinberger
Bari Weinberger answered on Nov 10, 2020

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 »

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: can my nj pension be subject to child support intercept

I wasnt married to the mother of my child and she urged the courts to go after my pension to pay her child support I have been unable to work for at least 3 years

Bari Weinberger
Bari Weinberger answered on Nov 5, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: Child Support

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 »

Bari Weinberger
Bari Weinberger answered on Nov 3, 2020

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 »

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