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Questions Answered by Bari Weinberger
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 »

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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 »

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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 »

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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 »

1 Answer | Asked in Family Law for New Jersey on
Q: i want to divorce my husband. We have a baby girl 5 months. Should i just leave to my parents house.

His parents have a lot of money and im afraid they will try and take my baby. Should i just leave and go live with my parents and then get a lawyer. New Jersey

Bari Weinberger
Bari Weinberger answered on Sep 4, 2019

Thank you for your question. Going through a divorce can be a stressful and emotional process, especially when children are involved. With regard to your fear of your husband’s parents trying to take your daughter, they likely would not have the standing to do so, as court’s generally do not... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My Wife for 24 years wants a divorce. She worked for the first 4 years of our marriage and recently for 3 years.

I have been the bread winner for entire marriage and have built up a significant savings while married. While I expect to give a percentage of my salary for alimony and savings, she is asking for 50% of all our assets including savings and 40% of my salary. She is willing to compromise and we... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 27, 2019

Thank you for the opportunity to respond to your question. Unfortunately it cannot be answered without more specific information.

Generally, in the context of equitable distribution, anything that is legally or beneficially acquired during the term of the marriage regardless of whose...
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2 Answers | Asked in Child Support for New Jersey on
Q: Do I have to pay back child support before my court date?

My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 23, 2019

Thank you for the opportunity to respond to your question. First I am not quite clear because you state that there is no set amount you are supposed to pay, but yet you state that you were backed up and they took your tax return. Such acts generally do not happen unless there is an order in place... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: Keeping the marital home as a joint asset after divorce.

My wife and I separated two years ago and agreed she would buy me out of the house. The mortgage is still upside down, so she cannot refinance into her name. We already have an MOU to file uncontested which includes the original buy out clause, but what legalities do we have to consider by filing... Read more »

Bari Weinberger
Bari Weinberger answered on Aug 14, 2019

Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: If we file for uncontested divorce in NJ online, and one spouse changes their mind to contested, do we then need attorn
Bari Weinberger
Bari Weinberger answered on Aug 12, 2019

Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself... Read more »

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Bari Weinberger
Bari Weinberger answered on Jul 31, 2019

Thank you for your question. I would suggest that you may need to talk to the bank through which you are attempting to refinance. Often times, in my experience, a bank will require both parties to sign something, even if one is not legally an owner. You may also wish to have an attorney draft a... Read more »

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How does a child working affect child support payments? Can that cause a reduction in support payments?
Bari Weinberger
Bari Weinberger answered on Jul 26, 2019

Thank you for your question. The answer to your question really depends on the child’s age. If they are under 18, and it is a child support guidelines case, then the child’s income is not included. However, if the child is over 18 and living away at college, child support is determined on... Read more »

2 Answers | Asked in Child Support, Criminal Law and Family Law for New Jersey on
Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting

child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her... Read more »

Bari Weinberger
Bari Weinberger answered on Jul 22, 2019

Thank you for your question and I am sorry to hear that you have had such trouble with the court system. I think it’s important for your husband to schedule a consult with a family law attorney to talk about this in more detail. I would anticipate that there are various court orders which would... Read more »

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2 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

Bari Weinberger
Bari Weinberger answered on Jul 12, 2019

Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?
Bari Weinberger
Bari Weinberger answered on Jul 10, 2019

Thank you for your question.

Once a party is served with the Complaint for Divorce, they have to either respond to the Complaint within 35 days or the person that filed has to place them in default before the matter can proceed to an uncontested hearing. Therefore, you do not have to wait...
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1 Answer | Asked in Child Support for New Jersey on
Q: If I pay child support. I am going to have custody of my son for the next 2 wks. Do I have to pay during those 14 days?
Bari Weinberger
Bari Weinberger answered on Jul 1, 2019

Thank you for your question. When you pay child support it is determined on a weekly amount throughout the course of the entire year. When you have the child overnight, you are given credits for the time you have so that you are always paying the same amount each week even when you have the child.... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Am I entitled to child support after not going after it for 16 years?

16 Years ago, I had agreed not to receive support, and he wouldn't exercise visitation or custody, both understanding either could change their mind. My daughter now wants to meet him, but he refuses and has stopped answering texts or calls. Are we entitled to support after going years without it?

Bari Weinberger
Bari Weinberger answered on Jul 1, 2019

Thank you for your question.

While child support is not waivable since it is the child’s right, you have to make application from the court to receive same. Once that application is filed, the statute only allows the court to place retroactive support back to the date of the filing of...
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4 Answers | Asked in Civil Litigation for New Jersey on
Q: Hello My name is Jessica.My sons dad is receiving a settlement next week.will i receive something?

What could be a reason i dont receive? Thank you

Bari Weinberger
Bari Weinberger answered on Jun 25, 2019

Thank you for your question. Unfortunately, it is unclear as to what type of settlement you are referring too. In the event that you were named in the lawsuit, you may be entitled to some of the settlement. However, if you are not a party to the litigation, you may not have a claim to any of the... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: What will happen in court on the June 24th. Will the judge grant him.

We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to... Read more »

Bari Weinberger
Bari Weinberger answered on Jun 10, 2019

Thank you for your question. It is unclear, based upon what you provided, what issues actually have to be addressed and what “claim” he filed that day and where. You will need to discuss custody and parenting time with an attorney so that he/she can better guide you in connection with both of... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: Hi. I’m a male who lives in New Jersey and I am paying health benefits to my child through my employment.

My child’s mother is threatening to put me on child support even though we had an agreement that I pay $500 a month (which I think is fair) outside of the courts. I want to know if I put myself on child support can I choose an amount that I pay or is that up to the courts?

Bari Weinberger
Bari Weinberger answered on Jan 10, 2019

Thank you for your question. Child support is governed by the New Jersey Child Support Guidelines. I suggest that you schedule an appointment with a family law attorney to discuss options and potential obligations. There are many variables that go into the calculations.

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