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Son is with his step dad for 1/3 of time who filed for custody with my support in Salem county. My last order was 10 years ago in Burlington county which is where I still reside. Which county do I file in to amend old order and terminate child support?
answered on Mar 20, 2018
Thank you for your question.
It appears that more information is needed before I can provide additional advice. If there was a prior court order in Burlington containing the same parties and children, then the custody application filed in Salem should have been filed in Burlington. I... View More 
my mother has physical custody of my child (i live with my mother). legal custody is with my ex and I. We were married but have not divorced yet. there is no CS order in place. my ex receives TANF benefits, and stated my child lived with her. i was put on child support and ordered to pay back the... View More
answered on Mar 20, 2018
Thank you for your question.
It seems you might have to notify the Department of Family Services to advise that your child does not live with the mother and that she is lying to the government in order to receive these benefits that she would not qualify for. Was there a Court Order... View More
My ex was granted joint custody making him the primary parent of residency. We have 50/50 parenting time. Since that order has been in effect as of July 2017, he has had inconsistent visits and eventually stopped all contact with the children, it has been 17 weeks. He has sent numerous emails... View More
answered on Mar 22, 2018
Thank you for your question.
Typically, if there has been a substantial change in circumstance from when the initial custody and/or parenting time was established, you may file a motion with the Court seeking to change the custody order. The standard in changing the custody order is the... View More
I was accused of Parental alienation and the court appointed therapist told the judge that my family needed intense treatment. He recommended Stable Paths which had a location in florida and Mass. My kids went to the one outside of Boston. It was the worst experience for them and it didn't... View More
answered on Mar 16, 2018
Thank you for your question. I know how worried you must be about the court ordered reunification therapy.
I personally have no experience with either of those intensive reunification programs. I would suggest however that you contact the Attorney General in Massachusetts who might be... View More
I was told my a lawyer in Texas and one I Jersey that I can just go down there and take them. I am scared to death because I don't want charges brought up against me. But he left in April 2017 and moved out. Left the kids with his ex wife n after their divorce in Jan 2018 my kids still reside... View More
answered on Mar 16, 2018
Thank you for your question. I know how worried you must be about the custody of your children.
The short answer is possibly and you should immediately contact an experienced family law lawyer. In New Jersey, an emergency application called an order to show cause can be filed requiring... View More
I live in NJ and filled for child support. The ncp and i have both received a letter for our first court hearing which will take place two weeks from now. However, we have now made a private agreement and i was wondering how i have to go about canceling this motion? Can i call and close the child... View More
answered on Mar 20, 2018
Thank you for your question.
If you have an agreement in place, you can simply let the Court know and they will have you appear to put the terms of the agreement on the record and into a final Order. With an Order establishing the terms of your agreement, you can go to Court to enforce... View More
I only have a previous address for him witch is his mother’s and to my knowledge she still resides there but i’m not completely sure. How will he know I filed against him if I can’t get in touch
answered on Mar 12, 2018
Thank you for your question.
You will have to show that you made a diligent inquiry as to your child’s father whereabouts. If you cannot locate him, you may request permission to serve him by publication. I suggest that you meet with an attorney to help you with your matter. Serving... View More
I, my wife and our only kid came to US in 2010 on my work visa. We lived here for few months and she called up 911 for DV abuse. There were no charges against me as I did nothing wrong. However, she left home with our child. I went to my country back tried all means to be in touch with them via... View More
answered on Mar 8, 2018
Thank you for your question.
I understand your concerns relating to visitation of your child. Since you are back in the US, it would be wise to file a motion to develop a parenting time schedule for the child. Based on a number of factors, parenting time will likely occur, however, there... View More
I am a woman who had a final restraining order entered on me in 2015 by default. The clerk sent my hearing date to the plaintiff's address and I wasn't aware of the hearing until I was notified by a clerk at the bail bonds. I rushed to court asap but arrived about 5 min late and... View More
answered on Mar 9, 2018
Thank you for your question.
I understand your concerns relating to this matter. Based on what occurred, you may have a quite a few options to address the entry of the restraining order. It may be something that can be vacated, but it may also need appealed. Removing restraining orders can... View More
I have a court order stating the defendant must pay $500.00 per month in child support and I have to bring my daughter back to New Jersey once a month for visitation purposes. It was a relocation case and I was honored the relocation to Florida under those circumstances. The defendant has not paid... View More
answered on Mar 16, 2018
Thank you for your question.
The short answer is no. While the other party is breaching your Agreement, it does not give you the right to do so as well. If you violate the agreement, the other party can file an application with the New Jersey Courts to enforce same. Given the fact that... View More
My responsibilities don’t end there. I pick them up on Sat early, I wash all their laundry and then send it back to their moms house. I take them to school during the week. I pay 80$ a week for both kids. Can I get a reduction or at least be able to claim one child on my taxes?
answered on Mar 7, 2018
Thank you for your question.
The short answer is possibly. There is no set standard when determining whether the non-custodial parent can claim their children on their tax returns. If you file an application with the Court, they will consider both of your finances and the need for same.... View More
After 9/1/14 the unreimbursed should be split in a pro rata basis based on respective incomes. All other monetary issues are based on 80/20 split. Since my ex does not work and has no income does that mean she is not responsible for her 20% pro rata share?
answered on Mar 9, 2018
Thank you for your question.
If there was an agreement at the time of the divorce, the agreement will dictate how these expenses should be paid. Unless there was some substantial change in circumstances relating to the income of each of you, the agreement will likely be enforced. Based on... View More
Parents getting a divorce. 12 year old brother is without health insurance or medical care. Has multiple learning disabilities and severe ADHD but not under medical care. He is being held back in school for failure and is suspended multiple times a month. Parents are using him against each other to... View More
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the custody and safety of your brother.
The short answer is to immediately contact an experienced family law lawyer. If you feel your brother is being neglected or abused there is a confidential 24 hotline where you can... View More
My father and his brothers all grew up in that house and lived there (1960-2005) I even grew up there til he died in 2007. Why does a women who we only knew for a short period deserve the right to own our family house.. can we get it back if she passes.. is there any way for us to legally get it... View More
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about your family home.
The short answer is possibly. I believe however that this question is better answered by a lawyer who specializes in estate law. Please feel free to re-post your question in the estate section .... View More
We have joint custody. If I can't take care of her then can I object her leaving her with a friend.
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about who will care for your daughter while her mother is on vacation.
The short answer is possibly. Specifically, more information is needed. Do you and your ex-wife mother share joint legal custody of your daughter? What... View More
When the child turns 18 and still in high school with a court ordered 50/50 parenting scheduled; can the child no longer follow the parenting schedule while still in high school. What happens to the child support that is being payed based on 50/50 and the child now making decisions like this.
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the parenting time order for your child who is turning 18.
The short answer is that the parenting time and child support order can be changed if a court finds a significant change in circumstances. In New Jersey, in all... View More
As of now no one has custody of my daughter she lives with me her mother and New Jersey but I would like her to go to school in Virginia with her aunt her father is not involved at all what do I have to do to start the process and do you think I could have everything done by June
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the custody of your daughter.
The short answer is that you and your daughter’s aunt need to file a complaint for custody of your daughter but service of the complaint needs to be made on her father. In New Jersey, in... View More
So 1/25/18 I had a hearing, I was asked if I would like genetic testing and I took swabs at the court. The child and his mother lives in VA. I was told I would have to come back for a second hearing and I would receive genetic test results within a week and a half. Since then I received a letter... View More
answered on Mar 6, 2018
Thank you for your question. I know how worried you must be about the genetic test results.
The short answer is possibly. The genetic test results are not always mailed out prior to the second court appearance. The results are sometimes just given to the litigants at the court hearing.... View More
I don't want her to go to jail because of this. She was drinking and we got a little out of hand. She's going to counseling by herself and she's quitting drinking. She still has court because I said that she slapped me in front of the police. What do I do?
answered on Mar 5, 2018
Thank you for your question.
I understand these concerns as it relates to the other party going to jail. Based on the information you provided, it appears that the police may have charged her with a crime. If that is the case, they are actively investigating and may proceed. If you pressed... View More
Hi i am between a serious rock and a hard place. My divorce was final in July 2014. The QDRO was done accordingly to what we agreed to in the JOD. My ex is now on lawyer # 3, which is actually lawyer #5 since separation. Now she wants QDRO redone bc survivors benefits were not assigned to her. Her... View More
answered on Mar 2, 2018
Thank you for your question.
I understand your concerns as it relates to your ex-spouse’s persistent litigation. The terms of the QDRO will be based on what was set forth in the divorce agreement. If she believes that the QDRO was done improperly and she signed same, she will need to... View More
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