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Questions Answered by Bari Weinberger
3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »

Bari Weinberger
Bari Weinberger
answered on Jan 19, 2023

Thank you for your question. If you have a temporary restraining order against you then it would be beneficial to speak with a family law attorney to discuss your rights and options for the Final Restraining Order hearing which is how the allegations against you are disposed of with the Court.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... Read more »

Bari Weinberger
Bari Weinberger
answered on Jan 12, 2023

Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Paternity

I signed the birth certificate for a child that I now believe it’s not mine. I found out during my relationship with his mother, that she was unfaithful. She is coming after me for child support, but I would like to establish paternity.

Bari Weinberger
Bari Weinberger
answered on Jan 6, 2023

Thank you for stating your concerns. Since she is coming after you for child support, I would recommend for you to file an application with the court seeking to establish paternity by way of DNA. The sooner you do this the sooner you will find out if this child is yours and depending on the... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: my husband filed a complaint for divorce, now he wants to change his power of attorney Can he do this?
Bari Weinberger
Bari Weinberger
answered on Nov 15, 2022

Thank you for your question. I am sorry to hear that you are going through this stressful time. Although your husband is seeking to change his Power of Attorney after filing for divorce, it is common to review one's Power of Attorney designation prior to filing a divorce complaint. Also, there... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: I need help, but I have no money or food. My husband has been the sole provider for 19 years and now I have been cut of

He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... Read more »

Bari Weinberger
Bari Weinberger
answered on Nov 15, 2022

Thanks for your question. I am sorry your husband is treating you so horribly. You are entitled to support both pending the divorce and subsequent to the divorce due to the fact that your husband's income is so much higher than your own. Of course, if he does not do so voluntarily, you will... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get divorce?

I separated (not legal separation) and me and him living in 2 different states for 2 years now. I have 1 child that lives with me after custody case in court.

My ex doesn't accept uncontested divorce and he told me to go and file for divorce. and said after 2 years of separation that... Read more »

Bari Weinberger
Bari Weinberger
answered on Oct 18, 2022

Thank you so much for your inquiry. I am sorry that your spouse is not being cooperative with the process. It sounds as though the two of you have been in court previously, though, since you mention a custody order, so that Order will continue to stay in effect during and even subsequent to the... Read more »

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2 Answers | Asked in Domestic Violence, Family Law, Child Custody and Child Support for New Jersey on
Q: i have a question. i have a 6 year never been married my sons father keeps verbal abusing me what can i do ?

he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

Bari Weinberger
Bari Weinberger
answered on Oct 18, 2022

Thank you for your question. I am so sorry that you are going through this. Domestic violence takes all forms, not just physical abuse – what you describe may fall under the categories of harassment, terroristic threats, or perhaps one of the other 19 criminal offenses included in the NJ... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Mentally unfit co parent-what can I do?

I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or

Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... Read more »

Bari Weinberger
Bari Weinberger
answered on Oct 7, 2022

Thank you for your question. Generally, courts will facilitate a relationship between a child and both parents regardless of circumstances and of course putting measures in place to ensure the child’s safety which the court has done already. If there is further evidence that he is placing your... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: How can I ensure that the correct parenting worksheet is used when calculating child support

I want to make sure that the correct parenting worksheet is used (the shared parenting worksheet) when recalculating child support since the last time it was calculated, they only used the sole parenting worksheet but refused to provide a reason as to why. I have my child for 10 overnights per... Read more »

Bari Weinberger
Bari Weinberger
answered on Oct 5, 2022

Thank you for your question. You would need to insist with the other party and/or the court that the shared parenting worksheet should be utilized. Based upon the facts that you have detailed, it would appear that it would indeed be proper in your matter to utilize the shared parenting worksheet.

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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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