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Questions Answered by Bari Weinberger
2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.

Bari Weinberger
Bari Weinberger
answered on Sep 30, 2022

Thank you for your question. Without the benefit of the full circumstances surrounding your marital situation my opinion is that you are not legally responsible for charges made on an account which you did not sign for. Wife claims it was for the household, she should be required to prove it... Read more »

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4 Answers | Asked in Divorce and Domestic Violence for New Jersey on
Q: What are my options if part of a Final Judgement of Divorce is dropping an FRO and it has not been done yet?

Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »

Bari Weinberger
Bari Weinberger
answered on Jul 13, 2022

Thank you for your question. It is unfortunate that your ex-wife is not following the instructions of the Judge in the divorce case. Since there is still an active Restraining Order you are prohibited from communicating directly with the other party. You may file an application with the Court... Read more »

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: How do I file for interference with custody? Parental alienation

My child was moved to another state when there was a court order for joint custody in NJ. The other parent moved and did not contact or have an agreement with the other parent to move.

Bari Weinberger
Bari Weinberger
answered on Jul 8, 2022

Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state... Read more »

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: What does it mean when I have current balance due of a negative -$7000 in childsupport
Bari Weinberger
Bari Weinberger
answered on Jun 21, 2022

Thank you for your question. You should call the child support and inquire about that negative number, it could mean you have overpaid but, you have to get an answer directly from them.

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Child custody order is being violated in many different ways. What do I do?
Bari Weinberger
Bari Weinberger
answered on Jun 14, 2022

Thank you for your question and I am sorry you are going through this. You can file a motion to enforce the order entered by the court. I encourage you to discuss your case with an attorney and bring your order to explore other options that may be available based on the language contained in that... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: Can I get guardian custody of my child if they live in another state
Bari Weinberger
Bari Weinberger
answered on Jun 9, 2022

Thank you for your question. You can certainly apply for guardianship of your own biological child but you must do so in that state. There are a plethora of questions however: how old is the child? How did he/she wind up in another state? Why did you allow the child to leave this state? I... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Married March of 2021 separate a year later Division of crypto assets

I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... Read more »

Bari Weinberger
Bari Weinberger
answered on May 31, 2022

Thank you for your question. You can file for divorce in New Jersey as long as you have been a resident of the state for at least one year. To the extent that your husband accumulated assets, including cryptocurrency, during the marriage, you would be entitled to an equitable share of these assets.... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

Bari Weinberger
Bari Weinberger
answered on May 31, 2022

I am sorry to hear that you are going through this. Given the long term of your marriage, any assets acquired during the marriage would be subject to equitable distribution. That being said, there are a variety of factors that would be considered when determining how the marital home will be... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Bari Weinberger
Bari Weinberger
answered on May 31, 2022

Thank you for your inquiry. Generally speaking, any property acquired during the marriage is subject to equitable distribution regardless of the named parties on the title to property. That being said, I suggest scheduling a consult with an attorney to discuss your options in more detail such as a... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: I live in NJ and my daughter (13 years old) and I want to move to California. Is she old enough to decide for herself?

She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?

Bari Weinberger
Bari Weinberger
answered on May 17, 2022

Thank you for your question. In NJ, a parent must obtain consent, from the other parent, or a Court Order to permanently remove a minor child outside of the state. In the event the matter proceeds to Court, a determination will be made as to what is in the child’s best interest. In review of the... Read more »

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3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Bari Weinberger
Bari Weinberger
answered on May 16, 2022

Thank you for the question. It sounds like you need to file a motion for enforcement with the court and to address arrears and obtain accurate income information. The court are operating and should be able to address the motion you file in normal course, whether virtually or in person. He will... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I filed for a default hearing for my divorce

It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?

Bari Weinberger
Bari Weinberger
answered on May 16, 2022

Thank you for the question. Once you file for default, the court should schedule the matter for a Default Hearing. You will need to file a proposed Judgement of Divorce outlining your requested relief (ie: related to custody, parenting time, support and equitable distribution) with any supporting... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I am thinking about divorce. Should I pay off my $14,000 car loan to reduce the amount of money that will be split?

I live in New Jersey, a equatable distribution state. Married for 5 years. We don't have children or own a house. Our finance were separate for the most part but I do pay most of our bills including rent, utilities and meals, because my spouse works only part time and do not make enough. I... Read more »

Bari Weinberger
Bari Weinberger
answered on May 3, 2022

Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced... Read more »

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: In NJ when paying alimony to a ex can the person doing the paying alimony be effected if they live with someone else?

In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... Read more »

Bari Weinberger
Bari Weinberger
answered on May 3, 2022

Thank you for your question. Cohabitation is a basis to terminate or suspend alimony. There are however various factors of the stature. Therefore additional facts are necessary to better guide you. Based on your circumstances, it would be best to contact an experienced family law attorney to... Read more »

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Family court domestic violence domestic abuse custody: is there a motion in it that can be filed in court

Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?

Bari Weinberger
Bari Weinberger
answered on Apr 25, 2022

Thank you for your question about custody and parenting time in cases where domestic violence exists. I am sorry you are going through this difficulty time. Your inquiry is fact specific. In order to answer your question, it is important to know if there is currently a temporary or final... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Bari Weinberger
Bari Weinberger
answered on Apr 18, 2022

Thank you for your inquiry. Unfortunately, there is no “set timeframe” for when a Judge renders a decision after oral argument. A lot of factors can affect the timeframe for an Order based on the specifics of your matter and the timeframe generally fluctuates by each Judge. In regards to... Read more »

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4 Answers | Asked in Divorce for New Jersey on
Q: How does one go about getting a divorced spouse to uphold his part of divorce decree, when he is in contempt?

Is there a way without an attorney and additional fees?

Bari Weinberger
Bari Weinberger
answered on Apr 12, 2022

Thank you for your question about enforcing the term of your divorce. In order to enforce your divorce decree, you would need to file a motion with the court to hold your ex-spouse in violation of litigant’s rights and compel them to comply with the provisions. It must be filed with the court... Read more »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: need to modify divorce decree and we both are in agreement. she was granted half my pension but now doesnt want it
Bari Weinberger
Bari Weinberger
answered on Apr 12, 2022

Thank you for your question about modifying your Judgment of Divorce. You indicated that your ex-wife no longer wants her share of your pension. I am sure that is great news. I assume when you say divorce decree you mean a Settlement Agreement. In order to modify the terms, you would need a... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: My wife is planning to leave the country for good with out giving me divorce. How do I get divorce?

My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?

I have 3 kids, and we own a house. She... Read more »

Bari Weinberger
Bari Weinberger
answered on Apr 6, 2022

Thank you for your question. If you are a resident of New Jersey, you can file the Complaint for Divorce and serve her while she is still here. If she does not respond or cooperate in the proceeding, the Court can still grant you the divorce. As long as you continue to live in the State, the... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Ex. will take a lump sum payment and forgive the remaining amount due on child support arrears. Legal way to do this

None of the arrears are owe to the state

Bari Weinberger
Bari Weinberger
answered on Mar 30, 2022

Thank you for your question. Generally, if there is an existing court order for child support, whether or not it is paid through child support probation, you should prepare and file a consent order with the court that established the child support obligation so that there is a proper record of the... Read more »

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