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Planning to divorce but haven’t filed anything yet. He’s threatening to call police for kidnapping because he thinks I won’t come back with the kids, even though I am going to come back.
answered on Dec 27, 2018
I'm sorry to hear you’re going through such a difficult time. The short answer is yes, provided there are no restraints against travel, you would be permitted to travel to VA for a vacation with your children. I would strongly suggest that you consult with an attorney specializing in... View More 
Four years ago the visitation for all three children was changed to supervised because of circumstances with his girlfriend. He had made no contact with the children even before that court decision was made. He does pay child support. Not consistently due to job hopping. My children are 14, 9, and... View More
answered on Dec 13, 2018
Thank you for your question.
Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as... View More
Ok i fount out about a year ago that my daughter is not mine & ev'rytime i went 2 court the mother nor the uncle who filed 4 child support wld neva show up & when i asked the court 4 a DNA test 2 prove that the daughter who is 30 yrs old they told me that it was 2 late which their is... View More
answered on Dec 10, 2018
Thank you for your question.
In order to understand whether we can help you, we would need to see the court orders which denied your request for a paternity test and obtain other information for you. You should seek the advice of an attorney on this issue so that they can properly... View More
answered on Dec 4, 2018
Thank you for your question.
Based upon your question, it seems like you’re struggling with some difficult issues right now. The short answer to your question is that there are very few circumstances in which someone’s parental rights can be terminated. With that being said, there... View More
Paternity test was issued. Did not comply with any of it. Months later, the father is taking me back to court to decrease/terminate order and requesting parenting time. He makes money but there is no proof of it. He lives in another state where he moved to a few months ago. He didn't even... View More
answered on Dec 4, 2018
Thank you for your question. I understand that this is a very difficult situation for you. There seems to be two parts to your inquiry.
First, in terms of parenting time, the short answer is that the Court must consider the best interests of the child, which includes the type of... View More
My 16 year old step son will be getting a car soon. The car and insurance is going under my stepsons Moms name. My Husband already pays her child support and alimony. We just looked through his whole divorce decree and it states nothing about having to help pay for a car, only about of course... View More
answered on Nov 30, 2018
Thank you for your question.
The short answer is possibly. It really depends on what the parties agreed upon in their Marital Settlement Agreement. While child support does include transportation costs, it does not include expenses associated with a motor vehicle purchased or leased for the... View More
When we divide the house (buy him out) do I deduct half the mortgage I paid for the 20 months as he has not given me any money for that period of time. I paid all bills plus his medical insurance.
answered on Dec 4, 2018
Thank you for your question. The short answer here is — it depends.
In general, if he had an obligation to pay the mortgage, you could recoup that by reducing the amount you offer in the buy out. Also there could be a claim that you get a credit for payment of principle payments. The... View More
He neglected his business he was running, the IRS and State of NJ are looking for him for his businesses back taxes, the house we lived in, the mortgage was in his name only, my name on the deed with his, he let the house foreclose. Since I left I've been filing my own tax returns, married... View More
answered on Nov 28, 2018
Thank you for your question. I am sorry to hear that you are going through such a stressful situation and hope this information is helpful to you.
Given what you described about your health insurance situation, you may not want to remove your husband from your health insurance plan prior to... View More
House now worth 200,000. Is wife entitled to half or half of appreciation?
answered on Nov 26, 2018
Thank you for your question.
The answer depends on a number of factors. If there were contributions made to the home to assist in the appreciation of its value than there may be a claim to some of the interest. It also depends on who owns the home and how monies were spent towards same... View More
or is a letter to the acting judge sufficient? The divorce is set for trial and the acting judge ordered my husband to comply with order to produce by a certain date or request for sanctions can be submitted, and that due date set has passed.
answered on Nov 19, 2018
Thank you for your question.
In order to address the other party’s non-compliance, a motion should be filed to compel the party to provide the information. If you are still having difficulty, subpoenas should be issued to obtain the information. Depending on the discovery schedule, the... View More
No kids and the house is in her name and she initiated the divorce. The grounds are irreconcilable differences.
answered on Nov 14, 2018
Thank you for your question.
Alimony is based on a number of factors including the parties’ income as well as expenses. In looking at each, we must look at the marital lifestyle to determine whether support is warranted. This is a short term marriage so depending on the financial... View More
I would like to know why I cannot get a divorce just because my husband refuse to sign acknowledgement papers. I have filed my complaint since May of 2018 and I am ready to get the case heard before a judge so I can get a divorce decree. My husband moved out since I first served him divorce papers... View More
answered on Oct 30, 2018
Thank you for your question.
In the event you seek immediate financial support you will need to file a motion to address the support while the divorce is pending. As it relates to moving the divorce forward, so long as he has not responded to the amended Complaint in 35 days, you can file... View More
Now I want a divorce. Will his violent past help my custody case even though it was never reported?
answered on Oct 19, 2018
Thank you for your question.
If this behavior persist and it has never been addressed, it could impact custody aspects of a divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and ensure you understand your... View More
At the hearing for my motion to vacate the default, none of my concerns with the plaintiff were addressed as I was unaware of my ability to respond to his accusations in writing prior to court. They vacated the default and I am able to now Answer but the court had required me to file my answer... View More
answered on Oct 16, 2018
Thank you for your question.
If you have not yet filed the Answer be sure to include everything you are looking to be awarded as part of that. If you need to amend what you filed, you may need to file a motion to change and/or update what was filed. Based on your circumstances, it would be... View More
I fill for divorce my husband didn’t answer on the 35 days period court give him he was serve by sheriff I send forms for the case be default around two weeks after those 35 days the court accepted his answer he don’t have no kids house or what so ever together only a bank account which was... View More
answered on Sep 10, 2018
Thank you for your question.
If the Court has permitted the other party to file an answer, the matter will proceed as though it is going to be litigated. It would be best to enter into some form of agreement with the other party to resolve all the issues of your divorce. This will prevent... View More
answered on Sep 6, 2018
Thank you for your question.
If you make an application for child support and your child’s father requests parenting time, you would have to have a really good reason to object to same. Typically if a party is requesting parenting time, the Court will allow same unless it is not in the... View More
answered on Aug 31, 2018
Thank you for your question.
I would need more information to better advise you on your situation. I suggest meeting with a family law attorney who can review your situation and give you a more detailed approach as to the necessary actions needed to take place pursuant to the Court Order.... View More
answered on Aug 31, 2018
Thank you for your question.
I would need more information to better advise you on your situation. Typically in New Jersey the Court cannot order retroactive child support to any date before an application requesting same is filed. I strongly encourage you to schedule a consultation with... View More
answered on Aug 31, 2018
Thank you for your question.
So long as there are no allegations of abuse or neglect of the children the State agency, DCP&P, will not get involved. However, if there are concerns as it relates to the safety of the children the Court could refer the matter to DCP&P for an... View More
state that does and then decide to divorce? Can we introduce evidence that we were seen as married in the other state?
answered on Aug 23, 2018
Thank you for your question.
NJ will only recognize marriages solemnized with a marriage license. However, if there are issues that need to be addressed, it can be done in the form of a separation agreement. Based on your circumstances, it would be best to contact an experienced family... View More
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