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Can I still go after the child support and arrears if all 3 daughters still live with me in NJ? We had a divorce decree saying he was to pay me directly.
answered on Apr 13, 2018
Thank you for your question.
One party cannot stop paying support without a Court Order or agreement indicating that support is no longer required. If that has not occurred, then it would be wise to file an enforcement application to ensure that the payments will be made. There are a number... View More 
Should the mother have told the judge she gets ssi for the child
answered on Apr 13, 2018
Thank you for your question.
The short answer is possibly. If the child is receiving social security disability benefits on behalf of a parent, then the child support guidelines provide that these benefits must be deducted from the basic child support. Generally, if the SSD benefits... View More
Previously we all lived in Monmouth county and had 50/50 custody per Monmouth County family court order. I moved and the father signed a consent to have our son attend school in my town in September 2017. Which made 50/50 physical custody impossible, but there's no official new custody... View More
answered on Apr 13, 2018
Thank you for your question.
You would file your application with the county where the previous court order was filed, which in this case is Monmouth County.
I hope this information was helpful to you.
Divorce was final in Texas. Mother signed a paper with me that she was ok with me taking the kids and it was notarized. She never moved here like she told all of us, hasn't paid any child support to me in over 2 and a half years and now serves me. Not sure if i need a Jersey lawyer or Texas... View More
answered on Apr 11, 2018
Thank you for your question.
First, it is important that you register the divorce in NJ. This can be done by contacting the County Courthouse and getting the appropriate paperwork. If the children have been residing in NJ for at least six months anything relating to custody of the children... View More
Father has not seen her in 7 months by choice. I don’t share legal custody with father, he was denied joint legal with out prejudice. He also dissolved his court ordered visitation and went into a consent order with me agreeing to supervised visitation. We also never agreed to a fix schedule. He... View More
answered on Apr 13, 2018
Thank you for your question. I know how worried you must be about the custody of your daughter and being able to relocate.
The short answer is possibly and you should immediately contact an experienced family law lawyer. New Jersey law regarding a custodial parent’s right to relocate... View More
if a father in the state of new jersey has a civil complaint warrant is it in child's best interest to continue their visitation while warrant is active?
answered on Apr 10, 2018
Thank you for your question.
The fact that the father has a warrant is not sufficient alone to not have parenting time with his child. 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 not in... View More
Will the warrent be issued to both parties?
Since they both decided not to go ?
answered on Apr 10, 2018
Thank you for your question.
If neither party appears for a hearing and so long as everyone has been properly served the Court is likely to dismiss the matter for failure of the Plaintiff to prosecute the case. It is unlikely that any warrants would issue because the Plaintiff is not... View More
She owns her current house. I have no stake in that. Is there a form a lawyer can draft and she could sign so that if I buy my own house she can't claim she owns it since we are still legally married ?
answered on Apr 13, 2018
Thank you for your question.
Yes, it is possible to enter into a Post-nuptial Agreement while married. However many Courts are reluctant to enforce a post-nuptial agreement in the event of a divorce. There are certain standards that must be met in order to have a valid post-nuptial... View More
My ex-boyfriend and I conceived a child in June 2017 and I gave birth to her in March. My husband and I had a verbal separation agreement while I was in contact with my ex, but we never got legally separated.
I started seeing things in my ex-bf that I didn't like: practicing polygamy... View More
answered on Apr 13, 2018
Thank you for your question. I know how worried you must be about the custody of your child.
The short answer is you should immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the custody of a child, the court must always determine the best... View More
I haven't seen my child in 10 years and child support keeps going up. She has remarried and my child is now 20 but wants nothing to do me or her sisters by my previous wife. She has even changed her last name. Why should I have to be forced to continue to pay child support until she's 23.... View More
answered on Apr 13, 2018
Thank you for your question.
The standard used to determine whether a modification of child support is warranted is whether there has been a substantial change in circumstances. The fact that the you had another son may be a reason to recalculate child support. Also, it appears that it... View More
Re: NJ Statute Title 9, Section 9:2-2 , which dictates "...have resided five years within its limits, they shall not be removed out of its jurisdiction against their own consent...". We've only lived here for 3+ years. She lived in NC for the first 6 years of her life, and I am now... View More
answered on Apr 10, 2018
Thank you for your question.
In NJ, both parents need to consent to the move of the child. If neither party can agree on the relocation then a formal request must be made to the Court. In order to be successful on a relocation request, you must demonstrate that it is in the best interest of... View More
answered on Apr 4, 2018
Thank you for your question.
The short answer is possibly. There are certain circumstances where a Court may determine that a non-custodial parent can pay child support directly to the child. Some factors the Court may consider in making this determination are the child’s maturity and... View More
NCP stopped exercising parenting time, even after schedule enforcement was attempted. As a result, the court suspended ALL parenting time and granted sole custody to mother (was joint prior). NCP went from 2 days/week (one weekly o/n) and one full weekend/month to NO parenting time at all. Has not... View More
answered on Apr 4, 2018
Thank you for your question.
The short answer is possibly. The standard used to determine whether a modification of child support is warranted is whether there has been a substantial change in circumstances. The fact that the non-custodial parent is not exercising parenting time may be... View More
He said he and I will get about 25K each and the rest he needs to save for taxes next year. He will save 50K and pay the taxes/fees with it. Does this sound right? Do I have the right to see the paperwork, especially those regarding the taxes/fees? He wont show me anything because I dont have a... View More
answered on Mar 27, 2018
Thank you for your question.
Depending on the type of account that the money is being held will determine the tax effect. Generally, there is a tax liability for withdrawing funds from a 401k, however, as part of a divorce, the funds do not need to be withdrawn and can be moved to a... View More
When my four children turned 18 .10 years apart yet I was still paying for all four children my oldest turned 18 and then I was still paying for her and then my second child turned 18 three years later I was still paying for her and then my third child he turned 18 I was still paying for him and... View More
answered on Apr 2, 2018
Thank you for your question.
In New Jersey, Child Support automatically terminates when a child reaches 19 unless a written request seeking the continuation of child support is submitted by the custodial parent. I suggest that you contact the Court and confirm whether there is an active... View More
I did not start restraining order yet,but I have 2 police report .He is cheating and blackmailing me too and I have no documents.He is permanent resident.What state I can start the case if I will move please?
answered on Mar 27, 2018
Thank you for your question.
First, it is best to contact local law enforcement immediately if you are being threatened. Since you are currently living in NJ, it would be best to file for a restraining order in NJ. If you move, you may be able to obtain similar relief in NY, however, since... View More
There is no property settlement other than some credit cards. Under 10,000 dollars.
answered on Mar 20, 2018
Thank you for your question.
In order to divorce in the state of NJ, you generally need to have six (6) months of irreconcilable differences unless there are acts of adultery or extreme cruelty. Therefore, you generally must be married at least six (6) months before you can file for... View More
The extreme emotional anguish I was caused by my wife divorcing me was beyond imagination. Is it possible to sue someone for causing such extreme emotional distress that has lasted for many years?
answered on Mar 21, 2018
Thank you for your question.
Depending on the circumstances you may be able to file for damages as a result of emotional stress, however this can be a difficult endeavor and you must provide proof of damages that you have suffered. The ability to collect will depend on a number of factors.... View More
What can I do to help drop DV charges?
My child's father and I got into a argument and he then slapped me in my face and pushed me I didn't have any bruises on my body. This incident happened on March 13,2018 we haven't talked to each other until today when he asked how his... View More
answered on Mar 23, 2018
Thank you for your question.
Given that you were a victim of domestic violence, I would consider pursuing a restraining order to prevent further actions from occurring. However, if you wish to dismiss the restraining order you will need to attend Court on the scheduled date and advise the... View More
I had a verbal divorce agreement with my ex-wife. She never fulfilled her side of the agreement. But it has been 15 years since the divorce. Can I still sue after all this time? I can show she never fulfilled her part of the agreement because in our written divorce agreement I was supposed to... View More
answered on Mar 20, 2018
Thank you for your question.
Yes, it is possible to sue for enforcement of the agreement, however, it will only apply to written portions of an agreement. Courts tend not to enforce verbal agreements especially in the context of divorce. If you believe your rights are being violated because... View More
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