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3 Answers | Asked in Family Law for New Jersey on
Q: I have joint legal custody but visitation is every other weekend. Can I motion the court for more time and to move out o

the state at the same time, due to a job offer/possibility in the other state? I was divorced 7 years ago but parenting time was split 60/40, the 40% going to me. I was forced to give that up about a year and a half ago. I have been unemployed for over 6 months, cannot find a job in N.J., have... View More

Bari Weinberger
Bari Weinberger
answered on Feb 2, 2018

Thank you for your question. I know how worried you must be about the care and well-being of your children.

The short answer is yes. In New Jersey, all orders for custody and parenting time are subject to revision upon showing of a change in circumstances. In all cases involving custody...
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4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Alimony period is about to end, how do I calculate what the new child support amount will be? (Assuming it will go up)
Bari Weinberger
Bari Weinberger
answered on Feb 2, 2018

Thank you for your question I know how concerned you must be about the new amount of child support once alimony terminates.

The short answer is that more information is needed. In determining child support, there is a presumption that the New Jersey Child Support Guidelines apply for...
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3 Answers | Asked in Divorce for New Jersey on
Q: I just filed for divorce we were married going on three years and purchased a house two years ago I put the down payment

With money I had before we were married will I get that back before splitting everything up from the sale of the house

Bari Weinberger
Bari Weinberger
answered on Feb 1, 2018

Thank you for your question. I would be happy to assist.

I understand your concerns relating to premarital funds that were used to purchase a marital home. As part of divorce, there needs to equitable distribution of properties that were acquired during the marriage. Depending on where...
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3 Answers | Asked in Divorce for New Jersey on
Q: If I am receiving ailmony can I live with my boy friend with out losing the alimony
Bari Weinberger
Bari Weinberger
answered on Jan 29, 2018

Thank you for your question. I understand how worried you must be about maintaining your alimony payments.

The short answer is possibly. New Jersey has a statute which sets forth various factors to determine whether a recipient of alimony is considered to be “cohabitating”. That...
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3 Answers | Asked in Divorce for New Jersey on
Q: I live in a different state from where my spouse has filed for divorce in NJ. What are steps to get ready for case?

She asked initially that we waite until she get her citizenship. we have been separated for 10 years in 13 year marriage. Would that count?

Bari Weinberger
Bari Weinberger
answered on Feb 1, 2018

Thank you for your question. I would be happy to assist.

I understand your concerns relating to living outside of NJ and a divorce pending in that state. Generally, in order to be divorced in NJ, certain requirements must be met for the matter to proceed. The residency of each party will...
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3 Answers | Asked in Child Support and Divorce for New Jersey on
Q: My husband and I are getting a divorce he is not my son’s biological father but has raised him for the last 4 Year’s

My son is now turning five in March and his biological father has never been involved in his life

Bari Weinberger
Bari Weinberger
answered on Jan 23, 2018

I cannot tell what you are asking based on the facts you provided. Please rephrase the question so that I can be more of assistance to you.

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1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 25 years and he doesn't have a job but he needs to pay Child support. Am I responsible to pay childsupport?

We live in Puerto Rico and my son doesn't have a job right now. Am I responsible to pay his child support while he finds a job?

Bari Weinberger
Bari Weinberger
answered on Jan 22, 2018

Thank you for your question. No, you would not be responsible for pay your son’s child support obligation. I strongly suggest that your son contact a family law attorney that would be able to give him advice and devise a plan in order to request a reduction of child support.

2 Answers | Asked in Child Support for New Jersey on
Q: I have child support, my ex has a better paying job. Do i get an increase automatically? or do I have to request one? NJ
Bari Weinberger
Bari Weinberger
answered on Jan 23, 2018

Hi and thank you for your question. Child Support is not recalculated automatically based on your ex’s increased salary. You will need to file an application to modify same based on a substantial change in circumstances. Many firms offer a free initial consultation. My suggestion is that you... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: My kids mom wants to move thousands of miles away. Can she do that even though im obviously opposed to it?

My sons three and we live in NJ. Me and her were never a couple or married or anything to that extent. In lack for better words,Things happen. We are civil with each other and have never gone through court for anything. Now she wants to go to MO or AR. She wants to move out there ever since her bf... View More

Bari Weinberger
Bari Weinberger
answered on Jan 18, 2018

A party cannot relocate from the State of NJ with a child away from the other parent without consent or a Court order. There is case law that addresses this issue that should be discussed. Additional factors are needed to discuss to determine if there is grounds for relocation or not. It is... View More

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: If you are accused of domestic violence what kind of proof does the other person have to have?
Bari Weinberger
Bari Weinberger
answered on Jan 18, 2018

Unfortunately, there is not enough information to answer this question. There are many grounds for which a person can file a restraining order, therefore it is suggested that you scheduled a consultation to discuss the allegations made and grounds for domestic violence to discuss specific factors.

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1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Are there options of free legal assistance for family court / child support cases in NJ?
Bari Weinberger
Bari Weinberger
answered on Jan 17, 2018

You should contact your local courthouse and ask for assistance. They can give you contact information for legal aid and/or pro bono attorneys.

2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: My child’s father refused to sign a BC or see her. Now he’s hired a lawyer for our hearing, shld I get 1 too?
Bari Weinberger
Bari Weinberger
answered on Jan 17, 2018

Additional information is required to determine what kind of hearing is scheduled and what information is relevant. Please consider scheduling a consultation to discuss the facts of your case.

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1 Answer | Asked in Child Support for New Jersey on
Q: My child turned 18, how do I make that he gets payments and not his father
Bari Weinberger
Bari Weinberger
answered on Jan 8, 2018

Thank you for your question, I would be happy to assist. I understand your concern as it relates to ensuring that the money is being used for your child. Generally, the purpose of child support is to reimburse a parent for the expenses they incur on behalf of a child. As a result, the money is... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My son's mother might send him out of the country to live with family without my permission. What are my rights?

Son is 16. I found out he existed when he was 14. We established paternity in court but she has physical and im assuming full custody of him. I live 3 hrs away from him and see him only on holidays and a few weekends when im able to go get him otherwise i wont see him. (she wont ever bring him to... View More

Bari Weinberger
Bari Weinberger
answered on Jan 3, 2018

Thank you for your question and I would be happy to assist. I understand your concern especially in light of the fact that your child may be leaving the country. Generally, both parents need to consent to any moves or travel outside the State of New Jersey. If you believe that this is going to... View More

1 Answer | Asked in Child Support for New Jersey on
Q: Can my ex receive more child support from the court if my girls don't want to commute 30 minutes to/from my house?

I have custody of my girls on Wednesday nights. (14 & 16yo). My girls do not like to get up earlier in the morning to make the 30 minute drive to school in the morning. I still see the girls on Wednesdays during the summer months. Is the court likely to grant her more child support in this... View More

Bari Weinberger
Bari Weinberger
answered on Dec 29, 2017

Thank you for posting your question, I would be happy to assist. I understand your concerns relating to child support and the possibility that it may increase. Technically, your ex can file a motion to increase child support in the event the children no longer spend the night with you. In New... View More

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Can I get custody of my kids if the mother works, but I currently do not, even though I was the primary caregiver?

We were all supposed to move but She moved with them without me,the breakup was a result of this and left me behind,I took care of my kids 90% of the time since birth(6 and 4) while she pursued her career,I've sacrificed jobs and my own income by her request in order for our kids to be taken... View More

Bari Weinberger
Bari Weinberger
answered on Dec 18, 2017

Thank you for your question. I am sorry you are going through such a worrying and difficult time. The short answer is ‘yes,' you can see your children and you could get custody or parenting time. There are many different custody options -- including joint legal custody, sole legal and... View More

2 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: Do domestic violence victims have prosecutor's office handle their case or do they need to hire their own attorney

In NJ if my husband punches my best friend in the face he can be charged by the prosecutor's office with assault and victim will be represented by the prosecutor for free. If he punches me in the face will the prosecutor represent me or will I have to pay for my own attorney?

Bari Weinberger
Bari Weinberger
answered on Dec 19, 2017

Thank you for your question. If you are in an abusive relationship and concerned about your personal safety, please call the NJ Domestic Hotline at 1 (800) 572-SAFE (7233) or call 911 if you are in immediate danger. You are able to obtain a temporary restraining order against your abuser through... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: Can my husband seek future profits from my business if I started it before we married?
Bari Weinberger
Bari Weinberger
answered on Dec 10, 2017

Thank you for your question. This must be a real worry for you.

The short answer is possibly. But, this depends upon the type of business you have; any agreements you have in place; and also your divorce negotiations. A closely held or family business that you started before marriage would...
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1 Answer | Asked in Child Support for New Jersey on
Q: Found out I may have a daughter. I'm taking the mother to court. The girl is 11 will I have to pay retro years cs?

Nobody had any idea who the father was. And I intiated the case

Bari Weinberger
Bari Weinberger
answered on Dec 5, 2017

Hello and thank you for asking your question. This must have come as a great surprise. I'll do my best to answer you, here. First and foremost, paternity will have to be established, if it has not been already. I would suggest asking for a DNA test just to be sure.

Once paternity is...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My friend filing for custody of his daughter, with the mother now, if he files 1st does he keep her until the date?

My friend is filing for custody of his daughter who is 2 months old and currently resides with her mother. Since he's filing first does that mean he's able to keep the baby with him until the court date?

Bari Weinberger
Bari Weinberger
answered on Dec 4, 2017

Hello and thank you for your question. I will hopefully be able to answer you as completely as possible but I do recommend that your friend do meet with a family law attorney in order to receive the best advice possible for his situation.

As far as the law goes in New Jersey, there is no...
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