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Questions Answered by Bari Weinberger
3 Answers | Asked in Contracts, Divorce and Family Law for New Jersey on
Q: In a premarital agreement, can you make a specific clause that only takes effect if one of the parties files for divorc
Bari Weinberger
Bari Weinberger answered on Mar 31, 2020

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: Can G4 visa holders file for divorce in NJ.

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?

Bari Weinberger
Bari Weinberger answered on Mar 30, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: I have 3 children that I pay chid support for. The oldest will be emancipated as of may. how much less will I pay?

do I deduct a third form the total amount?

Bari Weinberger
Bari Weinberger answered on Mar 27, 2020

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 »

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1 Answer | Asked in Divorce for New Jersey on
Q: Need advice about divorce qdro

My ex husband retired , and we have a qdro and I didn’t get any money he retired years ago he didn’t tell me when he retired either. What can I do or what should I do?

Bari Weinberger
Bari Weinberger answered on Mar 26, 2020

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 »

1 Answer | Asked in Family Law for New Jersey on
Q: Ex spouse trying to deny me my vacation time that is outline in our agreement. What are my options?

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 »

Bari Weinberger
Bari Weinberger answered on Mar 4, 2020

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 »

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Dyfs case in nj. The mother lost custody and after 18 months the case is in adoption and termination of rights.

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 ?

Bari Weinberger
Bari Weinberger answered on Mar 2, 2020

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 »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My daughter is 19 years old and undocumented as well as her mother. Mother is asking for more extention.

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 »

Bari Weinberger
Bari Weinberger answered on Feb 26, 2020

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 »

1 Answer | Asked in Child Support for New Jersey on
Q: The child support increased because my ex wife claimed fake evidence about payments she made for our son. what can I do?
Bari Weinberger
Bari Weinberger answered on Feb 18, 2020

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 »

2 Answers | Asked in Domestic Violence for New Jersey on
Q: My son just got a Arrested for Domestic violence 1st charge for his son mom he in the camden county jail as i speak

He go to court tomorrow what can i do will he come home in a OR i need answer i need a lawyer

Bari Weinberger
Bari Weinberger answered on Feb 18, 2020

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 »

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time?

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

Bari Weinberger
Bari Weinberger answered on Feb 11, 2020

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 »

1 Answer | Asked in Child Support for New Jersey on
Q: NJ Child Support Enforcement- Middlesex County

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 »

Bari Weinberger
Bari Weinberger answered on Feb 7, 2020

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 »

1 Answer | Asked in Child Support for New Jersey on
Q: Why am I still paying this?

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 »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2020

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 »

2 Answers | Asked in Child Support for New Jersey on
Q: Nj son is 18 years old, my husband says he no longer supports him. Can he?
Bari Weinberger
Bari Weinberger answered on Jan 31, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: Child Support originated in NJ, but child has lived in PA most of his/her life. What age does Child Support stop?
Bari Weinberger
Bari Weinberger answered on Jan 24, 2020

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 »

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3 Answers | Asked in Divorce for New Jersey on
Q: My husband divorced me 14 years ago. I am still living with him because he never paid me my settlement. Can you help me

I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.

Bari Weinberger
Bari Weinberger answered on Jan 16, 2020

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 »

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3 Answers | Asked in Family Law for New Jersey on
Q: What do I have to do to collect on back alimony that my ex husband did not pay and is there a time limit on it?

The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.

Bari Weinberger
Bari Weinberger answered on Jan 16, 2020

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 »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My ex husband hid $50,000 income a year for 3 years

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?

Bari Weinberger
Bari Weinberger answered on Jan 6, 2020

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.

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Hi. I am in NJ and I am about to turn 23. I read that the laws changed

And that child support ends when you are 23. Does this still apply if I’m in still in school or does it end at age 23 now no matter what?

Bari Weinberger
Bari Weinberger answered on Jan 2, 2020

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 »

3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: Should I speak up and ask for help at court or should I stay quiet & wait until he tries to hurt my daughter again?

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 »

Bari Weinberger
Bari Weinberger answered on Dec 27, 2019

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 »

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3 Answers | Asked in Divorce for New Jersey on
Q: My wife wants a divorce and will be leaving the house. Is it better if I file for separation before her?

At what point is she not in titled to my health care I’m not a jerk.

Bari Weinberger
Bari Weinberger answered on Dec 27, 2019

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 »

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