answered on Feb 6, 2023
Thank you for your question. I am sorry to hear you are going through this stressful time. Initiating a divorce proceeding whether contested or uncontested requires the filing of a complaint for divorce and other supporting documentation. Thereafter, a marital settlement agreement needs to be... View More
mortgage was in my name alone.
Is my equity determined by full payoff balance or the principal owed?
answered on Feb 8, 2023
Thank you for your question. The net equity of a home is generally calculated by taking market value (appraised and/or agreed upon value) minus the entire mortgage that is owed (full payoff). There are circumstances in which a party paying the principle may get a credit for such payments but... View More
In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... View More
answered on Jan 12, 2023
Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More
I signed the birth certificate for a child that I now believe it’s not mine. I found out during my relationship with his mother, that she was unfaithful. She is coming after me for child support, but I would like to establish paternity.
answered on Jan 6, 2023
Thank you for stating your concerns. Since she is coming after you for child support, I would recommend for you to file an application with the court seeking to establish paternity by way of DNA. The sooner you do this the sooner you will find out if this child is yours and depending on the... View More
answered on Nov 15, 2022
Thank you for your question. I am sorry to hear that you are going through this stressful time. Although your husband is seeking to change his Power of Attorney after filing for divorce, it is common to review one's Power of Attorney designation prior to filing a divorce complaint. Also, there... View More
He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... View More
answered on Nov 15, 2022
Thanks for your question. I am sorry your husband is treating you so horribly. You are entitled to support both pending the divorce and subsequent to the divorce due to the fact that your husband's income is so much higher than your own. Of course, if he does not do so voluntarily, you will... View More
Not sure if possible
answered on May 19, 2023
Thank you for your question. The issues of parental alienation and difficulty with communication in a co-parenting relationship are very fact specific and require the use of an expert witness. You might want to speak with an attorney to discuss all of your rights and options to pursue a remedy on... View More
I don't know the DV laws very well. I am aware of restraining orders and possible monetary reparations. Is there anything else I can do?
answered on Mar 29, 2023
Thank you for your question. Domestic Violence is very serious in New Jersey. More facts of your case is required in order to provide you with any additional options. The analysis of available remedies to victims are fact dependent and must be carefully analyzed on a case-by-case basis. I strongly... View More
Their mother took them into a battered women's shelter, but I have custody of them.
answered on Feb 22, 2023
Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... View More
Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... View More
answered on Jan 19, 2023
Thank you for your question. If you have a temporary restraining order against you then it would be beneficial to speak with a family law attorney to discuss your rights and options for the Final Restraining Order hearing which is how the allegations against you are disposed of with the Court.
I separated (not legal separation) and me and him living in 2 different states for 2 years now. I have 1 child that lives with me after custody case in court.
My ex doesn't accept uncontested divorce and he told me to go and file for divorce. and said after 2 years of separation that... View More
answered on Oct 18, 2022
Thank you so much for your inquiry. I am sorry that your spouse is not being cooperative with the process. It sounds as though the two of you have been in court previously, though, since you mention a custody order, so that Order will continue to stay in effect during and even subsequent to the... View More
he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me
answered on Oct 18, 2022
Thank you for your question. I am so sorry that you are going through this. Domestic violence takes all forms, not just physical abuse – what you describe may fall under the categories of harassment, terroristic threats, or perhaps one of the other 19 criminal offenses included in the NJ... View More
I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or
Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... View More
answered on Oct 7, 2022
Thank you for your question. Generally, courts will facilitate a relationship between a child and both parents regardless of circumstances and of course putting measures in place to ensure the child’s safety which the court has done already. If there is further evidence that he is placing your... View More
I want to make sure that the correct parenting worksheet is used (the shared parenting worksheet) when recalculating child support since the last time it was calculated, they only used the sole parenting worksheet but refused to provide a reason as to why. I have my child for 10 overnights per... View More
answered on Oct 5, 2022
Thank you for your question. You would need to insist with the other party and/or the court that the shared parenting worksheet should be utilized. Based upon the facts that you have detailed, it would appear that it would indeed be proper in your matter to utilize the shared parenting worksheet.
She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.
answered on Sep 30, 2022
Thank you for your question. Without the benefit of the full circumstances surrounding your marital situation my opinion is that you are not legally responsible for charges made on an account which you did not sign for. Wife claims it was for the household, she should be required to prove it... View More
Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... View More
answered on Jul 13, 2022
Thank you for your question. It is unfortunate that your ex-wife is not following the instructions of the Judge in the divorce case. Since there is still an active Restraining Order you are prohibited from communicating directly with the other party. You may file an application with the Court... View More
My child was moved to another state when there was a court order for joint custody in NJ. The other parent moved and did not contact or have an agreement with the other parent to move.
answered on Jul 8, 2022
Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state... View More
answered on Jun 21, 2022
Thank you for your question. You should call the child support and inquire about that negative number, it could mean you have overpaid but, you have to get an answer directly from them.
answered on Jun 14, 2022
Thank you for your question and I am sorry you are going through this. You can file a motion to enforce the order entered by the court. I encourage you to discuss your case with an attorney and bring your order to explore other options that may be available based on the language contained in that... View More
answered on Jun 9, 2022
Thank you for your question. You can certainly apply for guardianship of your own biological child but you must do so in that state. There are a plethora of questions however: how old is the child? How did he/she wind up in another state? Why did you allow the child to leave this state? I... View More
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