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Questions Answered by Bari Weinberger
1 Answer | Asked in Child Custody for New Jersey on
Q: If I file for sole custody and have a court date can the other parent take the kids from me before court date?
Bari Weinberger
Bari Weinberger
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.

1 Answer | Asked in Child Support for New Jersey on
Q: I can't take care of myself and make my child support payments what do I do I live in New Jersey

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

Bari Weinberger
Bari Weinberger
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...
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3 Answers | Asked in Domestic Violence for New Jersey on
Q: How do you prove non-physical domestic violence in New Jersey?
Bari Weinberger
Bari Weinberger
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...
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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Is a conviction for a Contempt - Violate DV Restraining Order 2C 29 9B(2) a felony?
Bari Weinberger
Bari Weinberger
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....
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1 Answer | Asked in Child Custody for New Jersey on
Q: My wife and I will be going to be getting an uncontested divorce soon and we will still be living under the same roof

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

Bari Weinberger
Bari Weinberger
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.

3 Answers | Asked in Divorce for New Jersey on
Q: are legal separations still allowed in nj

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.

Bari Weinberger
Bari Weinberger
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...
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1 Answer | Asked in Divorce for New Jersey on
Q: If a prop brought from my $ is trace back 2 me do I have rights to equity in a divorce, prop not in my name or his

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

Bari Weinberger
Bari Weinberger
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...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Divorced single mom. Ex refused to move from family home when divorce was filed. Settlement stated he was to sell the

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

Bari Weinberger
Bari Weinberger
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...
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1 Answer | Asked in Family Law for New Jersey on
Q: do I have to go through the department of children and families to get my neice and nephew or can I file for custody?

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

Bari Weinberger
Bari Weinberger
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...
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2 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Does NJ automatically make you pay child support after a divorce?

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?

Bari Weinberger
Bari Weinberger
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...
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2 Answers | Asked in Child Support for New Jersey on
Q: What are the consequences of failing to pay child support?
Bari Weinberger
Bari Weinberger
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,...
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1 Answer | Asked in Divorce for New Jersey on
Q: I served my husband papers via sheriff dept. Received notification they were delivered. I never received answer from

husband but received notice from court of case management conference from court. Is that legal

Bari Weinberger
Bari Weinberger
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...
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2 Answers | Asked in Divorce for New Jersey on
Q: How long does alimony last if I choose not to marry anyone else?
Bari Weinberger
Bari Weinberger
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...
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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In family court for custody cases, how far back does hair follicle testing go ? NJ
Bari Weinberger
Bari Weinberger
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...
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2 Answers | Asked in Child Support for New Jersey on
Q: If a child under a support order has a child, can the order for child support be terminated?

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?

Bari Weinberger
Bari Weinberger
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...
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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for New Jersey on
Q: Are there any strong laws to prevent Parental Alienation and what is the legal recourse to counter it in the U.S. ?

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

Bari Weinberger
Bari Weinberger
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...
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3 Answers | Asked in Family Law for New Jersey on
Q: Is there an age when a child can decide to no longer have overnight visits with their dad.

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.

Bari Weinberger
Bari Weinberger
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....
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: precedents to use for o N.J.S.2a:23B 2A: 23B-24 and N.J.S.2a:23B 2A: 23B-20

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

Bari Weinberger
Bari Weinberger
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...
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3 Answers | Asked in Domestic Violence for New Jersey on
Q: What is the statute of limitations on a domestic abuse claim?
Bari Weinberger
Bari Weinberger
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...
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1 Answer | Asked in Child Support for New Jersey on
Q: How can my husband terminate his child support? We reside in NJ but his ex still resides in Puerto Rico. His daughter

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

Bari Weinberger
Bari Weinberger
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...
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