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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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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