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DCPP removed my son from me and he was placed temporarily in the custody of the state of NJ. I was reunified on Monday 5/14/18 and regained the sole custody I had prior to the DCPP involvement. I had been ordered to pay the state child support and I was paying it. However they are still looking... View More 
answered on May 25, 2018
Thank you for your question.
Yes, in order to terminate or modify the child support order, you have to file an application with the Court. In order to do so, you have to show that there has been a change in circumstances for same, which is the change in custody in your case. I strongly... View More
MSA not signed yet as it was not sent/forwarded to me. Husband of 22 yrs left family with 4 children June 2017 and filed for divorce. I retained attorney in Oct 2017 and requested support. As of yet no support given. They want me to empty retirement acct early, not husband though, to pay 1/2 of... View More
answered on May 25, 2018
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If you have not yet signed an agreement and are not satisfied with same, do not sign the document. The agreement does not become enforceable until each party executes it. As a result, you may have more time to reconsider your position as well as reach other... View More
I unfortunately didnt call police. But have pictures. Turned son against me. Now hes trying to say Im crazy. Hes taking my nonverbal to advantage. Hes backing me into corner.
What do I do ??
answered on May 24, 2018
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In the event domestic violence is occurring, it is first advisable to contact the police. You also have the option of filing a restraining order against the other party. You can file the restraining order through the local police or at the county Court. If a... View More
After 3 1/2 years, she wants divorce after I caught her cheating. Is it true that she would be entitled to roughly 50% of all the gains - 401k, RothIRA, brokerage account? Just for kicks, lets say I had/have 401k that's worth 225k of which 40k are the gains - of that 40k, 25k is contribution... View More
answered on May 22, 2018
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The accounts you are discussing are equitably divided as part of the divorce. Although this does not mean the other party receives 50%, most of the time these accounts are split evenly. The accounts are appraised from the date of marriage to the date of the... View More
Or does the non custodial parent need to wait until child is 19 for termination even if child is working.
answered on May 15, 2018
Thank you for your question.
You may make an application to emancipate your child when he or she is no longer under the sphere of influence. Generally this means that your child has reached 18 years of age, is no longer in school, and not disabled and dependent upon a parent. If your... View More
I paid his personal bills along with mortgage and household bills for just over a year.
Would he owe me money in divorce or will he not have to repay his debt?
answered on May 17, 2018
Thank you for your question.
More information may be needed in order for me to provide a more definite answer. Based on the information you provided, it does not seem he would owe you money once the divorce is filed; however, if there is debt relating to those household bills, he will... View More
answered on May 17, 2018
Thank you for your question.
No, not necessarily. However, more facts about your case is needed to give a more thorough answer as to how your rights will be impacted. I suggest that you meet with an experienced family law attorney who can assess your situation and guide you in order to... View More
What further action can aunt take before this fg matter. Does she have a chance in appeals process?
answered on May 10, 2018
Thank you for your question. I know how worried you must be about the custody and adoption hearing.
The short answer is that you should immediately contact an experienced family law lawyer. Interested parties have the right to petition the court in the “FG” or guardianship hearing... View More
THEY HAVE A COURT THIS WEEK TO DECIDE ON THIS MATTER.HE CLAIMED THAT SHE WOULD TAKE THE KIDS AND STAY FOR GOOD..CAN SHE PROVE TO COURT THAT SHE WOULD COME BACK WITH KIDS?
answered on May 10, 2018
Thank you for your question.
If someone is traveling abroad and they are seeking permission to do same, it would be wise to provide the Court with the itinerary showing that there is a planned return. This would indicate to the Court that tickets have been purchased for the children to... View More
How do I get details on my motion? Is there that much of a backlog that they would delay for almost 3 weeks? The motion is with regards to Alimony, which my ex-spouse has violated the terms and conditions of the Settlement Agreement.
answered on May 7, 2018
Thank you for your question.
All family court motions are considered to be 24-day motions. This just means that the motion papers must be filed at least 24 days before the hearing date. You should have received a Scheduling Notice from the Court indicating the date and time that your... View More
She has prevented me from seeing my child for over 2 years due to the fact she dislikes the baby father she is using that I have not attempt to see my child which is a lie ive tred but would never let me see her they live in Oklahoma i moved to Jersey to get my life together I just want my daughter... View More
answered on May 3, 2018
Thank you for your question. I know how worried you must be about the custody of your child.
The short answer is that more information is needed. What state initially issued the custody/guardianship order? Is the Division of Child Protection and Permanency involved? Have your... View More
My boyfriend and his exwife divorced in PR and she lives there with their 3 kids. They signed an agreement that he will send $200 a week and he has. She has full custody of the kids, one is sick and he sends money for appointments but she will not send proof of the appointments or receipts. What... View More
answered on Apr 30, 2018
Thank you for your question.
Yes, your boyfriend may file an application to have the Court calculate child support, which can be more or less than what he is currently paying. In New Jersey, the child support amount is based upon a formula known as the Child Support Guidelines. When... View More
I've tried to simple ask and she doesn't respond to those requests. I have been to 2 different hearing trying to get more parenting time. Both cases were denied saying they don't see a change that would warrant more time. We were married for 11 years. The courts were really unfair... View More
answered on May 15, 2018
Thank you for your question.
You would need to show that there has been a significant change in circumstances since the parenting time was established and that those changes are in the child’s best interest. We would need more information in order to decipher whether it is in the... View More
If I own a house (no mortgage) and savings in a bank and then get married (the house and account are still under my name only),
(1) During marriage, do I have 100% ownership and control of the house, e.g., deciding to give it as a gift to my parents, and deciding who are allowed to live in... View More
answered on Apr 30, 2018
Thank you for your question.
Real estate acquired by one party prior to the marriage is typically considered pre-marital property; however, there are exceptions. The appreciation of the marital property can be a marital asset. Marital assets used to support the separate property can be... View More
He asked his HR dept if we could continue with me on the plan, but they said no once we're divorced, instantly onto cobra. Can a judge overrule that? How would we go about it.
We were planning to just divide everything equally and divorce but the healthcare is an issue
answered on Apr 27, 2018
Thank you for your question. I am happy to assist.
As part of a divorce both parties will be responsible for their own insurances. There does exist a divorce from bed and board that provides one spouse to maintain insurance, but that needs to be agreed to by both parties. Based on your... View More
answered on Apr 25, 2018
Thank you for your question.
As part of the divorce, a business that was operated during the marriage is eligible for equitable distribution. Equitable does not necessarily mean that you will get 50%. Depending on the value of the business as well as how much of that was generated as a... View More
he remarried & left N.J. to avoid payment.
In arrears only N.J. asset is his state pension. Need assistance
answered on Apr 25, 2018
Thank you for your question.
Generally, the division of a pension is part of any divorce agreement. Depending on the terms of the divorce it will determine how much of your ex-spouse retirement you are entitled. As it relates to alimony, early retirement is not grounds to stop alimony.... View More
answered on Apr 18, 2018
Thank you for your question.
In New Jersey, the child support amount is based upon a formula known as the Child Support Guidelines. When calculating a child support amount, the guidelines take into consideration your incomes, overnight visitations, health care premium payments and more.... View More
The county court entered an FRO against me by default by sending the court notice to my previous house where I was prohibited. I'm no longer friends with the person nor do I any longer go to the same church. Can she come to court and simply say she "fears" me in an attempt to keep... View More
answered on Apr 25, 2018
Thank you for your question.
As part of obtaining a restraining order it needs to be demonstrated that you were in some form of household relationship, that a certain act of domestic violence occurred and that it is necessary for protection. It was likely entered because you did not defend... View More
I had restraining order entered by default and it has been vacated. Do I file a motion to release my right to have my weapon back? Where do I go from here?
answered on Apr 16, 2018
Thank you for your question.
It would be best to contact the local Prosecutor’s office and provide them with the Order vacating the restraining Order. Providing the Order may be enough for them to release the weapons. If not, you should ask what needs to be completed through their... View More
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