Family court . I gave custody of my child to family because I went through a stage o depression now I’m back and my family are willing to give me my custody back but we filed for that in Poughkeepsie NY is it possible for me to sign petition for custody back in NJ where I reside or would I have... Read more »
The question of jurisdiction focuses upon where the child resides. Since the child lives in NY and there’s an existing custody order, you would have to go back to the family court in Poughkeepsie, NY. Therefore I would recommend you seek counsel there. Be prepared to present proof of your...Read more »
for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... Read more »
Thank you for your question. Unfortunately, your rights as a spouse are not protected by a separation. You need to file for a divorce. Under NJ law you would be entitled to equitable distribution, child support, spousal support and a plethora of other rights. You should absolutely hire an...Read more »
Thank you for your question. The short answer is that child support and custody are not intertwined. The right to receive child support belongs to the child and a parent cannot waive support on a child’s behalf. As such, the likely answer is that she will always be permitted to file an...Read more »
Thank you for your question. If there are prior child support and/or custody orders in place in NJ, then it appears NJ law would apply. Generally speaking, it is not easy to obtain a DNA test of a child of that age under the law in NJ, but you should contact a Family Law attorney for a...Read more »
I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... Read more »
Thank you for your question. I am sorry to having a problem with the ex with regards to college and child support. As long as the child is in college, a child is not emancipated and, as such, the non-custodial parent (X) has to pay child support. However, he may be entitled to a reduction of child...Read more »
Thank you for your question. Most states have what is called full faith and credit meaning that states will enforce other state's orders. Thus, simply because you owe child support in NY and move to NJ and open a business there, does not negate your obligation to pay support in NY.
When we divorced 11 years ago, he agreed to give 1000/month child support. Since my daughter is 13 and she has some extra expenses on her cello private lesson and advanced classes, I emailed him to ask if it is possible that he can help with some money, which he never did, or if I can claim my... Read more »
Thank you for your question. I am sorry that you are experiencing problems with regard to child support. Your ex-husband does not have the right to reduce child support absent a court order or absent you permitting him to do so. If payments are made through probation, you can contact probation and...Read more »
Thank you for your question. Child support payments can be retroactive to the day your ex actually filed the pleadings requesting support with the Court. However an attorney can help you devise a way to address that issue with the Court. I would encourage you to schedule a free consultation with...Read more »
Thank you for your question. In general, assets that are accumulated during the marriage, irrespective of location, is subject to being divided, with some limited exceptions. Additional information is required to better assist you and I suggest that you speak with an attorney so that he/she can...Read more »
My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son... Read more »
Thank you for your question. This would be dependent on the wording of your order and more information would be necessary to address your issue. I would suggest that you schedule a free consultation with an attorney who can go through your order and explain its meaning.
His child always received money through his SSD. When she turned 18, the ex went to asume to request child support as disability stopped. She never spoke to him or gave him a chance to set something up. He then ended up owing arrears only because it took months before the decision of how much he... Read more »
Thank you for your question. Probation needs to adjust its account and if you cannot get the other party to comply with notifying probation to make the adjustment, you will have to file an application with the Court seeking relief. Additional information is necessary for us to discuss the specific...Read more »
Her 19 year old boyfriend is coercing her, trying to get her to move in with him. He is far from financially stable, does not even have his own place to live, nor does my daughter have a job and she’s pregnant. She won’t actually be 17 until the end of September. He does not even have a job... Read more »
Thank you for your question. A 16 year old child is still deemed unemancipated and accordingly remains the legal responsibility of a parent. If there are circumstances by which you are concerned about your child’s health and safety you can consider contacting a therapist to seek assistance....Read more »
Thank you for your question about divorce. I am not sure I understand what you mean by divorcing one parent. Divorce occurs between two parties, and while custody and child support can be determined in the divorce, the child is not a part of the divorce. I would need more information to respond...Read more »
Thank you for your question. The purpose of a premarital agreement is to protect assets and to make clauses go into effect upon a specific event, such as filing divorce. So the short answer to your question is yes. Typically, not just the filing of a divorce complaint will trigger the agreement....Read more »
Thank you for your question. To file for divorce in New Jersey you or your spouse must have resided in the state of New Jersey for at least one year prior to filing. We would file in the county in which you reside. You can file a no-fault divorce based on irreconcilable differences if you and...Read more »
Thank you for your question. Child support in New Jersey is calculated pursuant to the NJ Child Support Guidelines. If your oldest will be emancipated in May, they will recalculate the child support pursuant to the guidelines based on your remaining two children. It is not necessarily a third,...Read more »
Thank you for your question. I understand how concerned you are regarding your former spouse’s retirement and not receiving your share of his retirement under the QDRO. One purpose of the QDRO is to ensure you receive your share of this marital asset. Immediate action should be taken to further...Read more »
We have a custody agreement that states I get them for 4 consecutive weeks every summer, we are both also entitled to 2 weeks vacation. We don’t not need each other’s permission, we are just required to give 60 days notice. I want to take vacation during the summer obviously because the kids... Read more »
Thank you for your question. Unless the agreement indicates otherwise, you can take both your vacation time and summer time in the summer. If your ex is not complying with the agreement, your option is taking the matter to mediation in an attempt to resolve the issues or filing a post judgment...Read more »
I just found out 2 weeks ago about my daughter and got paternity results. Will I be able to get her ? I don’t have a dhs case can I just file for custody ? I want her but do I have to be involved in this dyfs mess if I just found out about the baby ?
Thank you for your question. Sorry that you are faced with this issue. DCP&P (formerly DYFS) is obligated to reach out to you as the father of the child as terminating parental rights of course also affects you as the father. You need to involve yourself in the DCP&P case as soon as...Read more »
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