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answered on Aug 22, 2018
Thank you for your question.
I will not be able to give you a more definitive answer without knowing more about your case. I strongly encourage you to schedule a consultation with an experienced family law attorney.
Due to my background I'm unable to find a job and I'm unable to take care of myself. I don't have money to feed myself or to keep a roof over my head. I currently have a warrant out for non-payment of Child Support. can I just sign over my parental rights? being that the mother of my... View More
answered on Aug 17, 2018
Thank you for your question. I know how concerned you must be about your child support payments and custody of your son.
The short answer is that you should immediately contact an experienced family law attorney. The issue of your ability to pay child support is completely separate... View More
answered on Aug 15, 2018
Thank you for your question.
If you are a victim of domestic violence, it is best to contact the appropriate authorities as well as obtain a temporary restraining order. In order to present a case for the issuance of a final restraining order you will need evidence and witnesses to prove... View More
answered on Aug 8, 2018
Thank you for your question. I know how worried you must be with regard to a possible domestic violence contempt charge.
In New Jersey there are no “felonies” but rather “indictable” offenses and “misdemeanors” which are disorderly person and petty disorderly person offenses.... View More
We have one child and will be looking for joint physical and legal custody. Do we need to set a schedule if we don’t want one or need one
answered on Jul 30, 2018
Thank you for your question.
It is best to schedule a parenting time schedule so all parties are on the same page, however, many parties agree to keep visitation open and liberal.
I hope this information was helpful to you.
I can't afford a divorce because my husband will not agree and will have us in court every week if he can.We have no minor children and both own investment property .Our primary home is paid for. I just want to be able to sell this and give him half and be done.
answered on Jul 27, 2018
Thank you for your question.
Legal separation is not technically recognized in the State of New Jersey, however, the Court does recognize a Divorce from Bed and Board, where the parties remain married but all aspects of a divorce can be resolved. Regardless, if you and your spouse can reach... View More
Ive been married for 7 years in August. I want to obtain an equal share of the equity in my home since I will be leaving. The problem is OUR home is in his mothers name. The only reason this is so, is because in our previous house we acquired a lot of debt and two liens were put on the home. My... View More
answered on Jul 18, 2018
Thank you for your question.
Based on the information you present, it appears that you may have a right to claim the contributions that were made toward the property. As such, that is an aspect of equitable distribution that needs to be discussed as part of a divorce.
I hope this... View More
Home. He has not made any attempt. He has let it go into foreclosure. I am on the deed but not the mortgage. Is there a way to get him out or buy the house out from under him and force him out? I have tried to go back to court over this and was told they are not there to make him write mortgage... View More
answered on Jul 2, 2018
Thank you for your question.
If the other part is not following terms of the agreement a motion must be filed to enforce the terms. If you are suffering losses as a result of the non-payment of the mortgage, you may be entitled to financial relief depending on the terms you and the other... View More
Can I file for custody or guardianship myself or do I have to go through their licensing and adoption agency since both parents are deceased
answered on Jun 27, 2018
Thank you for your question.
More specific information is needed in order to give better advice. You can go through either avenue; however, it depends on what you are seeking and what your ultimate goals are. I suggest that you meet with an experienced family law attorney to discuss the... View More
My fiance is still married to his ex because they are both afraid the state will make him pay more child support than they have agreed upon together. Will an NJ judge make him pay more than that if they try to get divorced?
answered on Jun 27, 2018
Thank you for your question.
If your fiancé and his ex have agreement as to the amount and when child support will be paid and it is in writing, then the Court will accept the agreement. However, if there is nothing in writing with regard to same, then the Court will calculate child... View More
answered on Jun 27, 2018
Thank you for your question.
There are many enforcement tools that the Court uses in order to ensure that child support is paid. This includes, but not limited to, withholding income, reporting arrears to the credit bureau, seizing your assets, issuing a warrant for your arrest,... View More
husband but received notice from court of case management conference from court. Is that legal
answered on Jun 13, 2018
Thank you for your question. I know how worried you must be about the scheduled case management conference.
The short answer is that you should contact the court because more than likely your husband DID file a responsive pleading with the court, but did not send you a copy. The court... View More
answered on Jun 13, 2018
Thank you for your question. I know how worried you must be about your alimony.
The short answer is that more information is needed. What time of alimony were you awarded? In New Jersey there are different types of alimony that are awarded depending upon the specific circumstances of... View More
answered on Jun 11, 2018
Thank you for your question. I know how worried you must be about any potential drug test.
The short answer is that it is hard to predict. Each test is different depending upon the parameters of the test. What substances are being tested? How long is the hair sample? It is important... View More
Child is 17 years old and just had a child. Not enrolled in school and trying to apply for WIC. Can the child support order be terminated since the child is now a parent?
answered on Jun 8, 2018
Thank you for your question.
The short answer is no. Unless your child has been deemed emancipated, meaning she’s self-support or has moved out of the custodial parent’s home, or has married, only then can child support be terminated. The mere fact that she has had a child does not... View More
My wife and her parents virtually abducted my minor daughters into Edison, New Jersey 3 months ago, against children's wishes, and blocked all communication access for me with the children. I live outside the U.S. now. As a victim of parental alienation, what legal recourse can I take to... View More
answered on Jun 11, 2018
Thank you for your question.
The short answer is that you should immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the care and custody of children, the court must always determine the best interests of the children. It is the public policy if the... View More
Mom has full custody. Dad has girlfriend that son does not want to be around at all and feels like dad does not like him. Dad takes don to grand moms house where there is not one thing for him to do and no bed for him to sleep in other than with dad. He is almost 11 years old.
answered on Jun 11, 2018
Thank you for your question.
The short answer is that you should immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the care, custody, and parenting time issues involving a child, the court must always determine the best interests of the child.... View More
What are the best precedents to use for
Application of reconsideration of post- judgement in Arbitration ( divorce case state of NJ).
In accordance with the Rules of the Court, pursuant to N.J.S.2a:23B 2A: 23B-24 and N.J.S.2a:23B 2A: 23B-20
answered on May 31, 2018
Thank you for your question.
As it relates to reconsideration it depends what you are seeking to reconsider. If the Court made an improper determination any you believe that the Court erred in making the decision for failing to consider certain evidence or erred as it relates to it’s... View More
answered on May 31, 2018
Thank you for your question.
I am unclear as to what you are asking. If you believe you have a claim to file for a restraining order, it should be filed after an act of domestic abuse occurs. If you are seeking damages as a result of domestic abuse it depends of the facts of the case as to... View More
will be 21 in December and we were made aware that she no longer attends college and had moved out of state! My husbands ex never made the courts aware and is still getting support. We have petitioned our courts here and they said we have to go through the courts in Puerto Rico. Now my husband is... View More
answered on May 25, 2018
Thank you for your question.
First, it seems you may have jurisdiction issues. If the Child Support was established in NJ and your husband still currently lives in NJ, the application to terminate child support must be made in NJ as the state still has jurisdiction. Second, was there an... View More
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