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Questions Answered by Bari Weinberger
2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?

He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More

Bari Weinberger
Bari Weinberger
answered on May 9, 2024

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

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Bari Weinberger
Bari Weinberger
answered on Feb 6, 2024

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

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: could moving to a different state and changing the custody schedule be construed as child abandonment.

current custody schedule is one week on one week off. Both guardians live in the same state. One will relocate for a job out of state.

Bari Weinberger
Bari Weinberger
answered on Jan 8, 2024

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

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

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Bari Weinberger
Bari Weinberger
answered on Jan 5, 2024

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

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2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Bari Weinberger
Bari Weinberger
answered on Nov 14, 2023

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

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I currently have a restraining order on the father of my 2 kids. He also plead guilty to a stalking 3rd degree felony.

There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More

Bari Weinberger
Bari Weinberger
answered on Jul 24, 2023

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

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Divorced 10 yrs ago. Both names on the deed. Selling the house. Do we split current or prev market value

Assumed market value 10 years ago, but not specified in agreement.

Bari Weinberger
Bari Weinberger
answered on Jun 7, 2023

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

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can a divorced husband have any rights to pensions earned after the divorce that his wife earns?

Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?

Bari Weinberger
Bari Weinberger
answered on Jun 7, 2023

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

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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Bari Weinberger
Bari Weinberger
answered on Apr 19, 2023

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

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college

My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.

Bari Weinberger
Bari Weinberger
answered on Mar 29, 2023

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

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3 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my ex request a meeting with my new girlfriend in order to allow her to see my kids?

We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More

Bari Weinberger
Bari Weinberger
answered on Mar 24, 2023

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

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2 Answers | Asked in Family Law and Civil Litigation for New Jersey on
Q: Do you file your interrogatories/production with the courts and the courts send your advasaries those documents.

I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.

My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... View More

Bari Weinberger
Bari Weinberger
answered on Mar 17, 2023

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

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get help to reopen my NJ divorce where there was extreme amounts of fraud regarding our business?

My husband hid millions of dollars in our divorce and lied about the sale of the business, this caused my entire PSA to be thrown out. He then reported me as a 1099 employee of our business. He was making direct deposits from the business for family support but then reported me as a 1099 employee,... View More

Bari Weinberger
Bari Weinberger
answered on Mar 10, 2023

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

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3 Answers | Asked in Divorce, Tax Law and Family Law for New Jersey on
Q: In a divorce if husband has an annuity and I say you keep that and in “trade” I want the house. Why is there a 31% tax

why is the annuity taxed if it’s not being withdrawn?

Bari Weinberger
Bari Weinberger
answered on Mar 10, 2023

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

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The settlement agreement states a split of the enhanced premium for the kids medical, is that over the current number

Says my ex continues to provide insurance but the enhanced premium is split between us

Bari Weinberger
Bari Weinberger
answered on Feb 24, 2023

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

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My wife and I want to file an uncontested irreconcilable divorce complaint. We don't want the court/judge to determine

equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When... View More

Bari Weinberger
Bari Weinberger
answered on Feb 22, 2023

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

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2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: Can I get divorced and then do child custody afterwards?

And what can I do to get visitation rights if my kids live in another state

Bari Weinberger
Bari Weinberger
answered on Feb 21, 2023

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

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My husband sold an RV that was in my name without my knowledge I did not receive any money from it we're getting divorce

Can I get the money from the RV he sold? It was in my name. A golf cart was in my name too that he sold both I didn't receive any money. I also loaned him $45,000 which I haven't got any money for am I entitled to getting my $45,000 back the RV and the golf cart?

Bari Weinberger
Bari Weinberger
answered on Feb 14, 2023

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

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2 Answers | Asked in Family Law for New Jersey on
Q: Do I need consent from my daughter’s biological father to change her last name? We live in Nj. No contact in 10yrs
Bari Weinberger
Bari Weinberger
answered on Feb 16, 2023

Thank you for your question. It depends on the status of custody regarding your daughter. If her biological father continues to have joint legal custody, he should technically be consulted on any proposed name change and his consent should be obtained for same. If you have sole legal custody, there... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Live in Nj, divorced, kids 17,21,23. Judge just ordered me to cover kids on my health insurance till age 26. Legal?

Under 2016 consent order, I agreed to switch the kids from my ex’s work health insurance onto mine (save us both money). Judge just ordered me to cover the kids till age 26 (oldest child is 23 and is emancipated). No previous agreement is in place agreeing to cover kids beyond age 23. Is that... View More

Bari Weinberger
Bari Weinberger
answered on Feb 14, 2023

Thank you for your question. Under the law in New Jersey, the Court does have the ability to Order one parent or the other to provide insurance coverage for the children. Without knowing the specific details of your matter and the reasons for which the Court entered this specific order, it is... View More

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