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Questions Answered by Bari Weinberger
3 Answers | Asked in Divorce for New Jersey on
Q: Interstate: California has Jurisdiction over divorce, filed first there. NJ just issued a dissolution. Where do I start?

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 »

Bari Weinberger
Bari Weinberger answered on Mar 30, 2021

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony

He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month

Bari Weinberger
Bari Weinberger answered on Feb 24, 2021

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 »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

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 »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

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 »

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3 Answers | Asked in Family Law for New Jersey on
Q: I had a 3-month return date for a pro se motion I filed in family. I amended it once and need to again. Is that doable?

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 »

Bari Weinberger
Bari Weinberger answered on Jan 29, 2021

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: I married in PR live in NJ my ex-wife lives in Ohio we been separated for over 8 years can we get divorce from the u.s
Bari Weinberger
Bari Weinberger answered on Jan 14, 2021

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.

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Pro se waived rights to marital property-Can that be reconsidered since the house was sold?
Bari Weinberger
Bari Weinberger answered on Jan 14, 2021

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 »

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3 Answers | Asked in Child Support for New Jersey on
Q: Can I take my ex to court for hacking into my emails and threatening to use them to keep me from filing child support
Bari Weinberger
Bari Weinberger answered on Jan 11, 2021

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Bari Weinberger
Bari Weinberger answered on Jan 7, 2021

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 »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

Bari Weinberger
Bari Weinberger answered on Dec 17, 2020

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 »

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4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Bari Weinberger
Bari Weinberger answered on Dec 4, 2020

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.

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3 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: My x is leaving the US, can I get full custody of my daughter? I don't know if he is coming back

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 »

Bari Weinberger
Bari Weinberger answered on Nov 10, 2020

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 »

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: can my nj pension be subject to child support intercept

I wasnt married to the mother of my child and she urged the courts to go after my pension to pay her child support I have been unable to work for at least 3 years

Bari Weinberger
Bari Weinberger answered on Nov 5, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: Child Support

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 »

Bari Weinberger
Bari Weinberger answered on Nov 3, 2020

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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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Does New Jersey grant a non-custodial parent to vacate child support, visitation and custody?

My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 21, 2020

Thank you for your question. I am so sorry that you are going through this. It sounds like a really tough situation. Generally speaking, the Court will not permit a voluntary termination of parental rights unless there is good cause; avoiding a child support obligation is not something that is... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: My husband wants a divorce. We are married shy of 3 yrs. Can my husband force me to leave our home?

We got engaged 2016, He bought the home approx. 1yr before we married. While we renovated he lived with me at my home. We married 12/17 and then sold my place and went to live in new home. On 7/23/19 we signed papers at the lawyers to put my name on the deed. I just learned today he never followed... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 21, 2020

Thank you for your question. If the house is in joint names, you have an equitable interest in the house, although it may not necessarily be 50% based upon the fact that he purchased it prior to the marriage and your marriage is short term. With respect to what will happen to you financially, I am... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: My boyfriend who lives in Howell Township needs help with his alimony problem so he can leave and retire

he has been paying for 10 years he cannot even afford an lawyer because 67% of his income goes to his ex he wants to retire and move to Nevada where he will not have to work how do we get rid of the alimony payment she is a nurse and has income there is no more child support order is there a way to... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 19, 2020

Thank you for your question. Unfortunately, I am not able to provide you with an answer as I do not have enough information. Whether or not your boyfriend can retire is dependent upon the terms of his Matrimonial Settlement Agreement and how long he is required to pay alimony and under what... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: In NJ, when parents were never married, does the non custodial father have to pay for college in addition to CS?

Child was estranged and the father had no input on college decisions. Father also can't afford to contribute to college on top of the child support he is already paying. Couple was never married and have no agreement about college.

Bari Weinberger
Bari Weinberger answered on Oct 7, 2020

Thank you for your question. There are many different factors to consider when analyzing your particular question. It is not a cut and dry answer so there is information we need from you to be in a position to better guide you. A court could require a contribution toward that cost but based upon... Read more »

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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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