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After 4 years of marriage, getting divorce, for the last 3 years filed taxes jointly, every year we owed federal tax,
Will both individuals still be responsible, will it be divided or both be responsible till full amount is paid.
Such as future returns being held for both, possibly audited.
answered on Mar 2, 2018
Thank you for your question.
I understand your concerns as it relates to taxes. Generally marital tax liabilities will be the joint responsibility of both parties, however, as part of a divorce the parties can agree that someone will assume the liability. Based on your circumstances, it... View More 
answered on Feb 28, 2018
Thank you for your question. I know how worried you must be about your child support case.
The short answer is possibly. Generally, the order must be vacated by a Judge in the county that entered the Court order. There are various processes and procedures in each county to... View More
I happened to catch about 30 mins on AUDIO. It's all in front of the baby. You can hear when she hits me the baby cries at that very moment. I ask her to stop hitting me. She also throws my phone at me and it hit the wall and put a hole in the wall. If I bring the audio to the police is that... View More
answered on Feb 28, 2018
Thank you for your question. I know how worried you must be about the custody of your child.
The short answer is to 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 interests of... View More
Arrears owed is about 10K. 17 year old no longer wants to stick to visitation schedule and my ex wants to stop current child support and just pay for arrears. Can this be done?
answered on Feb 28, 2018
Thank you for your question. I know how worried you must be about your child support case.
The short answer is possibly. Generally, child support is considered the right of a child which cannot be waived by either parent. There are instances however in which a child can be considered... View More
I answered no, but I have been found guilty of that offence, is being found guilty the same as being convicted.
answered on Mar 2, 2018
Thank you for your question.
A conviction means that there was a disposition of your matter. If you have been found to be guilty, you have been convicted of a crime and you should amend your answer to reflect the same.
I hope this information was helpful to you.
DNA prof has determined that the mother lied about paternity.
answered on Feb 22, 2018
Thank you for your question. I am happy to assist you.
I understand how frustrated you must be as it relates to paternity fraud. Before I can provide you with a definitive answer, more information is needed. How old is the child? When was the child support established? Are you paying... View More
I am still in high school, struggling to maintain a solid source of income, and head into college and move out. Ever since my parents divorced, my mother has made no attempts to visit or help me out with any financial or emotional problems. This is a continuous cycle in my family with my mother and... View More
answered on Feb 22, 2018
Thank you for your question.
Typically, New Jersey only allows retroactive child support to the date a formal application is made with the Court. In order to better assist you, we would need more information, for example, what type of agreement or Court Order has been established during... View More
For the most part our divorce has been amicable. But my 17 yr old feels more comfortable at my home as opposed to his mothers. I know when he turns 18 he can go wherever he chooses but for now he feels tied down and going back to his mothers is a burden on him. No abuse or anything, just not... View More
answered on Feb 28, 2018
Thank you for your question. I know how worried you must be about the custody of your son.
The short answer is that the Court is required to conduct a full hearing before changing primary physical custody of a child. In New Jersey, in all cases involving the custody of a child, the... View More
Going through a divorce I am a step parent of two boys their mother passed away 8 years ago I been raising them for 7 years do I have any rights ?
answered on Feb 21, 2018
Thank you for your question. I know how worried you must be about your step-children.
The short answer is possibly. In New Jersey, in all cases involving the custody of children, the court must always determine the best interests of the children. The court must apply several factors to... View More
They both live in the house, and are constantly arguing, my son filed with the courts when he found out she was planning to go to Ohio without his permission so they have papers saying the children cannot leave the state now, this has turned my daughter in law extremely angry, and has to wait... View More
answered on Feb 21, 2018
Thank you for your question. I know how worried you must be about the safety and well-being of your grandchildren.
The short answer is possibly. In New Jersey, in all cases involving the care and custody of children, the court must always determine the best interests of the children.... View More
I am nc parent , went to court on 2/2/18 to dispute motion cp filed over unpaid out of my insurance network medical bills. Judge ordered her to send invoices within 14 days, for me to review and dispute or pay.
I just got them today 2/17/18, but package was post marked 2/16, is she in... View More
answered on Feb 20, 2018
Thank you for your question.
Based on the information you provided, she would not be in compliance of the Court order, however, more information would be needed to advise fully. I suggest speaking with an experienced family law attorney.
I hope this information was helpful to you.
answered on Feb 20, 2018
Thank you for your question.
I would need more information to give you a definitive answer, but the short answer is possible. Awards of attorney fees are up to the discretion of the Judges. There are a few factors that the Judge must consider when awarding counsel fees, which includes... View More
My wife's ex has decided that he no longer needs to pay child support because his one daughter (age 19 but going to college) has been spending some time at his house and he's convinced (he's an idiot) that shes living with him. She just went over to his place to help him get through... View More
answered on Feb 27, 2018
Thank you for your question.
If there is a current child support obligation, he would have to file an application with the Court to modify same. In order to be successful on his application, he would have to prove that there has been a chance in circumstances that warrants a modification... View More
We made an agreement that he would pay additional child support to give our daughter better situation and he has been writing checks to us for 2 years. We stopped getting along so he stopped. Can I use the checks as proof to enforce those increase since he obviously could afford it and knowingly... View More
answered on Feb 19, 2018
Thank you for your question.
One of the factors the Court would consider is whether the agreement was oral or written with regard to the additional support. It would be difficult to “enforce” the additional child support if the agreement was oral. However, it may warrant a change in... View More
I have been divorced for 13 yrs. he always gave something but now its less and less and inconsistent, I have three sons with him and I am trying to have consistency here, is there anything I can do? I don't have the funds to move the judgement from FL to NJ is there anyway around this please help.
answered on Feb 14, 2018
Thank you for your question. I am happy to assist.
I understand your concerns relating to child support. If you live in NJ and the children primarily reside with you, you will be entitled to file for support. However, the Court may be indicating that you cannot file for a number of... View More
The father lives out of state (where I used to live). If he does show up for the birth, what custody is he automatically entitled to by signing the birth certificate? I want him in her life, I am just worried about non-supervised visitation with an infant.
answered on Feb 13, 2018
Thank you for your question. I know how worried you must be about custody of your unborn child.
The short answer is that more information is needed. Where will both parties be living? Are both parents fit? Will you be breastfeeding the baby? Are there siblings involved? What is the... View More
answered on Feb 13, 2018
Thank you for your question. I am happy to assist.
Yes, you can still file for a divorce from bed and board in NJ. Depending on your circumstances it may be beneficial to understand the difference between a divorce from bed and board and an absolute divorce. Each divorce has different... View More
We never got a legal separation and he has filed for divorce. He lives in NC and I live in NJ. Am I entitled to anything or can I be held liable for bills, etc. that he incurred over the years. When we together he received monies from a 401K plan that I did not know anything about. We filed... View More
answered on Feb 14, 2018
Thank you for your question. I am happy to assist.
As part of a divorce, there are a number of issues that need to be resolved as it relates to debts and properties acquired during the marriage. It is unclear where your spouse filed for divorce. Regardless, it is important to note that the... View More
Live with me primarily
answered on Feb 14, 2018
Thank you for your question. I am happy to assist.
I understand your concerns relating to child support. If you live in NJ and the children primarily reside with you, you will be entitled to support so long as your spouse’s income warrants same. Depending on the circumstances, you may... View More
He also wants to know my current address after 5yrs I'm I obligated to let him know. He also wants to change his visitation days too more. What are the chances he will receive it?
answered on Feb 22, 2018
Thank you for your question. I am more than happy to assist you.
Typically if your child’s father has parenting time, he is privileged to know where your child is living. In order to modify the parenting time schedule, he has the burden of proving that there has been a change in... View More
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