Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bari Weinberger
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 »

View More Answers

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 »

View More Answers

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.

View More Answers

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 »

View More Answers

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 »

View More Answers

1 Answer | Asked in Child Custody for New Jersey on
Q: If a father is trying to take custody of his child does it count if he gave up his rights via text message? Im in NJ
Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.

1 Answer | Asked in Family Law for New Jersey on
Q: My daughter-in-law said she doesn't like me and won't let me see my granddaughter. What can I do?

I have always had a close bond with my son, but he is bending to his wife's will. She has cut off our entire family from seeing my granddaughter. How can I get to see her? There has been no incident to provoke this...she simply doesn't like me.

Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. I understand how upset you must be about not having the opportunity to take an active role in your son's family.

The short answer is that generally, parents are free to make decisions about the involvement of others in the lives of their minor children. There...
Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: My son had custody of my teenaged grandson. He gave him to us to raise. How do I get the support payment

SO the boy was having a bad time with the step mother. His biological mothe risn't in the picture she threw him and his Dad out when he was 3 months old. Her grandmother pays support to keep her out of jail as she refuses to pay. I don't want to sue my son as he has rare genetic cancers and lupus,... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 2, 2019

Thank you for your question. Raising your teenage grandson while your adult son also has medical issues is a lot to handle at once. However, it’s not likely you will be able to have support paid directly to you and eliminate your son’s involvement without going to court. You will need a... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Can I get money back from child support after I find out the child's not mine ?
Bari Weinberger
Bari Weinberger answered on Nov 26, 2019

Thank you for your question; I am sorry you had to pay child support for a child that is not yours. The answer is “Yes” you can. However, the application has to be made in the procedurally correct manner, with proof as to the child not being yours. The mother needs to be served. I strongly... Read more »

View More Answers

1 Answer | Asked in Child Custody for New Jersey on
Q: I share Joint Custody of my two children. Oldest child is 15 wants to live with me due to hostile environment

My almost 16 yr old wants to live with me and feels unsafe there due to emotional and mental abusing behaviors of her Father. I need to know how to proceed. Would she be able to still attend her school and live with me? He has gotten worse in his behaviors over the years. My oldest seems to get the... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 26, 2019

Thank you for your question. To obtain a change in residential custody, you must first demonstrate that there has been a change in circumstances from the last time custody was addressed (i.e., the last court order or agreement). It sounds like your circumstances may qualify. It is imperative... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: NJ family court question: My ex spouses attorney withdrew their Motion to Terminate my alimony but ....

A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.

Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. I understand how frustrating the court system can be.

The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you...
Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If you have signed a Consent Order in lieu of a hearing (alimony nj) how long does it take a Judge to sign it?
Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. It depends on the judge, but you will usually receive a signed consent order back from the court within 2 weeks of sending it. If you have not received it within 2 weeks, you should call the judge and inquire.

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 15, 2019

Thank you for your question. It sounds like you have a really difficult situation with a co-parent who does not want to co-parent with you. I am not sure what your November 1st Court appearance is for or how that came about but it sounds like the other party is not acting in your daughter’s... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

View More Answers

2 Answers | Asked in Child Support for New Jersey on
Q: I pay child support on time every week. But, the mother is always asking for more money. Do I have to give it to her ?

We have joint residential custody. At the time of our hearing, about 10 years ago, I was making more money. Now, she makes more and has her own business. I still pay child support and go half with her on everything else. Camp, clothes, birthday’s, I pay the medical bill, etc. when, my kids are... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 18, 2019

Thank you for your question. To answer your question the answer is no. You don’t have to give her more money than the child support unless your agreement with her addresses equal contribution for extracurricular activities and other expenses such as medical expenses. I recommend for you to meet... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.