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Questions Answered by Bari Weinberger
2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: My ex-husband emailed me stating he will give half of the amount of child support, how should I do?

When we divorced 11 years ago, he agreed to give 1000/month child support. Since my daughter is 13 and she has some extra expenses on her cello private lesson and advanced classes, I emailed him to ask if it is possible that he can help with some money, which he never did, or if I can claim my... Read more »

Bari Weinberger
Bari Weinberger answered on Jul 1, 2020

Thank you for your question. I am sorry that you are experiencing problems with regard to child support. Your ex-husband does not have the right to reduce child support absent a court order or absent you permitting him to do so. If payments are made through probation, you can contact probation and... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My ex filed for child support 5 months ago but haven’t got a court date or any actions taken yet will I owe Those months
Bari Weinberger
Bari Weinberger answered on May 27, 2020

Thank you for your question. Child support payments can be retroactive to the day your ex actually filed the pleadings requesting support with the Court. However an attorney can help you devise a way to address that issue with the Court. I would encourage you to schedule a free consultation with... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: I have an asset overseas... is that part of any divorce settlement?
Bari Weinberger
Bari Weinberger answered on May 27, 2020

Thank you for your question. In general, assets that are accumulated during the marriage, irrespective of location, is subject to being divided, with some limited exceptions. Additional information is required to better assist you and I suggest that you speak with an attorney so that he/she can... Read more »

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: In NJ does Sole Custody include physical and legal custody?

My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son... Read more »

Bari Weinberger
Bari Weinberger answered on May 12, 2020

Thank you for your question. This would be dependent on the wording of your order and more information would be necessary to address your issue. I would suggest that you schedule a free consultation with an attorney who can go through your order and explain its meaning.

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2 Answers | Asked in Child Support for New Jersey on
Q: My husband is all paid up with his child support. His child turned 21 in September of 2019. Still being garnished.

His child always received money through his SSD. When she turned 18, the ex went to asume to request child support as disability stopped. She never spoke to him or gave him a chance to set something up. He then ended up owing arrears only because it took months before the decision of how much he... Read more »

Bari Weinberger
Bari Weinberger answered on Apr 24, 2020

Thank you for your question. Probation needs to adjust its account and if you cannot get the other party to comply with notifying probation to make the adjustment, you will have to file an application with the Court seeking relief. Additional information is necessary for us to discuss the specific... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Is it legal in the state of NJ for my 17 year old daughter to just decide move out on her own without being emancipated?

Her 19 year old boyfriend is coercing her, trying to get her to move in with him. He is far from financially stable, does not even have his own place to live, nor does my daughter have a job and she’s pregnant. She won’t actually be 17 until the end of September. He does not even have a job... Read more »

Bari Weinberger
Bari Weinberger answered on Apr 24, 2020

Thank you for your question. A 16 year old child is still deemed unemancipated and accordingly remains the legal responsibility of a parent. If there are circumstances by which you are concerned about your child’s health and safety you can consider contacting a therapist to seek assistance.... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: I want to know what it takes to divorce only one parent and if there are any specific requirements to do so?
Bari Weinberger
Bari Weinberger answered on Apr 8, 2020

Thank you for your question about divorce. I am not sure I understand what you mean by divorcing one parent. Divorce occurs between two parties, and while custody and child support can be determined in the divorce, the child is not a part of the divorce. I would need more information to respond... Read more »

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.

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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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2 Answers | 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 »

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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... 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... 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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