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Questions Answered by Bari Weinberger
2 Answers | Asked in Family Law for New Jersey on
Q: I advocate and assist in finding proper representation for grandparents. Searching for a family lawyer

Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 21, 2020

Thank you for your message. This is a terrible predicament for grandma. Lawyers are oftentimes imposing and unnecessarily demanding. It sounds like you have given her the correct advice, however, if she already signed the document I’m sure the lawyer has filed it with the court. She needs to... Read more »

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can the arrears ex owes me - they are mostly for child support, be counted retroactive for 5 years of cohabitation?

I divorced in 2013 due to DV. Contract states 250/week child support, 500/month alimony.

At time of divorce - 11 year marriage/2 children - I was undocumented and had no education as we decided to stay in USA to get his career going and I left University in Canada where I was a permanent... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 18, 2020

Thank you for your question. I am sorry you are going through this situation. To answer your question, alimony arrears and child support arrears are treated differently. Child support arrears are only retroactive to the date of the order or filing of the complaint -depending how the judge entered... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Does handwriting analysis be used a burden of proof evidence in a domestic violence hearing?

I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?

Bari Weinberger
Bari Weinberger answered on Sep 15, 2020

Thank you for your question. At a final restraining order hearing, both parties have the ability to present evidence and call witnesses. The judge will decide, after hearing all the evidence, whether or not to issue the FRO. In a case where the main issue is anonymous letters, evidence related to... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: If the ex wife inherits money does that change income ratio to determine change if child Support obligation ?
Bari Weinberger
Bari Weinberger answered on Sep 22, 2020

Thank you for your question. It will depend whether the source is from an active or passive asset. You can always look for a recalculation of child support based on change of circumstances for her. Best of luck.

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2 Answers | Asked in Child Custody for New Jersey on
Q: If A child’s custody change happened in Poughkeepsie NY can I file For petition for custody back in NJ where I reside ?

Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 9, 2020

The question of jurisdiction focuses upon where the child resides. Since the child lives in NY and there’s an existing custody order, you would have to go back to the family court in Poughkeepsie, NY. Therefore I would recommend you seek counsel there. Be prepared to present proof of your... Read more »

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2 Answers | Asked in Divorce and Employment Law for New Jersey on
Q: My husband recently retired. Shouldn’t I be getting half of his retirement benefits? Separated for 8 years and married

for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 3, 2020

Thank you for your question. Unfortunately, your rights as a spouse are not protected by a separation. You need to file for a divorce. Under NJ law you would be entitled to equitable distribution, child support, spousal support and a plethora of other rights. You should absolutely hire an... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: if my kids mother dropped child support because i signed paper stating she can move to florida with my son and she

threatens to open another child support can i request she be made bring my son back to nj

Bari Weinberger
Bari Weinberger answered on Jul 30, 2020

Thank you for your question. The short answer is that child support and custody are not intertwined. The right to receive child support belongs to the child and a parent cannot waive support on a child’s behalf. As such, the likely answer is that she will always be permitted to file an... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My son is 13 and I want a dna test. I live in New York and they live in New Jersey. I don’t remember signing the birth

I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears

Bari Weinberger
Bari Weinberger answered on Aug 18, 2020

Thank you for your question. If there are prior child support and/or custody orders in place in NJ, then it appears NJ law would apply. Generally speaking, it is not easy to obtain a DNA test of a child of that age under the law in NJ, but you should contact a Family Law attorney for a... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Visits and COVID-19 quarantine

I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... Read more »

Bari Weinberger
Bari Weinberger answered on Jul 23, 2020

Thank you for your question. The short answer is yes, if you have a compromised immune system. You will need to offer make up visitation days when her state is removed from the quarantine list.

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2 Answers | Asked in Child Support for New Jersey on
Q: I currently have a child support order not based on guidelines. Can support be stopped for college students?

Support is being paid for 3 children, ages 20, 18 and 16. Two in college and one in high school. Ex wants to discontinue support. Can he do so?

Bari Weinberger
Bari Weinberger answered on Jul 21, 2020

Thank you for your question. I am sorry to having a problem with the ex with regards to college and child support. As long as the child is in college, a child is not emancipated and, as such, the non-custodial parent (X) has to pay child support. However, he may be entitled to a reduction of child... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: I owe child support in NY, can I open/start a security company in NJ (I now reside in NJ)?
Bari Weinberger
Bari Weinberger answered on Jul 20, 2020

Thank you for your question. Most states have what is called full faith and credit meaning that states will enforce other state's orders. Thus, simply because you owe child support in NY and move to NJ and open a business there, does not negate your obligation to pay support in NY.

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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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