Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Bari Weinberger
2 Answers | Asked in Family Law for New Jersey on
Q: Hi , Are there any cases of successful termination of permanent alimony after paying spouses job loss in NJ ? Thanks .
Bari Weinberger
Bari Weinberger
answered on Sep 6, 2017

Hello and thanks for asking your question. The law regarding alimony, now known more commonly as spousal support has undergone some changes here in New Jersey and it can certainly be a little confusing. I will do my best to answer your question in general terms, here.

Firstly, (and this...
View More

View More Answers

1 Answer | Asked in Child Support for New Jersey on
Q: what is the legal age child support ends if child still enrolled in college full time. Can I receive back child support
Bari Weinberger
Bari Weinberger
answered on Sep 5, 2017

Hello and thanks for asking your question. It is a little difficult for me to fully answer your question without a little more information, but I can give you some general advice. Since the new child support law went into effect earlier this year, child support ends when a child is 19 years old,... View More

1 Answer | Asked in Family Law for New Jersey on
Q: Can I ask for child support and alimony before divorce gets started?

My husband of almost 9 years left in Aug 2016 on his own. He left me and our 2 children in the home(in NJ) and moved in with his parents. We were supposed to file a separation agreement with the courts until we were ready to go through with the divorce. He filed for divorce in June. I am not ready... View More

Bari Weinberger
Bari Weinberger
answered on Sep 5, 2017

Hello and thanks for reaching out. I'm sorry to hear of your difficulties; separation and divorce are never easy for anyone, without question. You bring up several issues in your question that I will do my best to answer with the information that you gave me.

First, you are not...
View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I want to live with my dad but my mom won't let me how do I take her to court !!!
Bari Weinberger
Bari Weinberger
answered on Sep 1, 2017

Hello, and thanks for asking your question. Seems like you are going through a bit of a difficult time, and I'm sorry to hear that. Having parents separated or divorced is never easy and can be hard on the entire family. I'm not sure exactly how old you are, but I can tell you that... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: If a parent voluntarily tells court to end cs payments in 2014..can she 3 years later get cs from court again?

Also have not seen my child in almost 3 years..can i ask for visits again....

Bari Weinberger
Bari Weinberger
answered on Aug 28, 2017

Hello and thanks for posting your question. I'm so sorry to hear you have not seen your child for nearly three years. That must be extremely difficult. I'll try my best to give you some general advice because it is difficult to be more specific without more details from you. I do not want... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: What are the grounds for sole custody if a parent doesn't exercise their parental rights?

The other parent doesn't contact the child or myself to see how the child is doing on a regular basis Monday- Friday. The only contact he has with the child is the court ordered weekends he's suppose to see him. He doesn't help finically with the child, and majority of the time... View More

Bari Weinberger
Bari Weinberger
answered on Aug 23, 2017

Hello and thanks for asking your question. I'm sorry you are going through a frustrating time with your child's other parent. It is a difficult situation when it seems like a parent just isn't interested in doing more with their child, for sure. Without complete details of your case,... View More

1 Answer | Asked in Child Support for New Jersey on
Q: Why did my job force me to put my son on my insurance when his mother works and I pay child support? Is this legal?

I know it was probably court ordered but why did I not receive a letter that this was going happen?

Bari Weinberger
Bari Weinberger
answered on Aug 22, 2017

Hello, and thanks for your question. I'm sure that was a bit of a surprise to learn that you were going to begin providing health insurance for your son when you weren't aware of your ex asking that you provide the insurance. It is a little hard for me to give you really specific advice... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: my wife took my child without my knowledge when I was at work. I don't know where they are. We are matried 4 years.

I called, texted and she does not answered.

Bari Weinberger
Bari Weinberger
answered on Aug 21, 2017

What a scary situation and I sincerely hope that you have since located your child! Please know that your child's mother is not permitted to take your child and leave New Jersey without your permission or the permission of a judge. That is the law and she could even be subject to kidnapping... View More

View More Answers

1 Answer | Asked in Divorce for New Jersey on
Q: my husband cheated & both of our names are on the deed to the house I paid the mortage from my bank act can he take half

(New York) I also have a pension, and make more money than him but have paid for everything during our whole marriage and he cheated on me and wants to leave me but wants me to pay him for half the house when all the mortage payments have came from my personal bank account. Is there anything I can... View More

Bari Weinberger
Bari Weinberger
answered on Aug 11, 2017

I'm so sorry that you are going through this tough situation. You bring up several issues in your question that would have to be explored a bit more in order to give you really sound and complete advice. But, I can give you some general guidelines in the hopes that that helps you.

New...
View More

1 Answer | Asked in Child Custody for New Jersey on
Q: There was a court order for physical custody in New Jersey in 2012. The children have lived with me for the past five

Lived with me past five years without support. Does NJ still have jurisdiction.

Bari Weinberger
Bari Weinberger
answered on Aug 10, 2017

Hello and thanks for your question. Jurisdiction can indeed be a tricky area of the law to navigate, here in New Jersey and without looking at your specific court order, it is a little challenging for me to answer you completely. I'd be happy to give you a brief overview, however, in the hopes... View More

1 Answer | Asked in Child Support for New Jersey on
Q: If my child is 18 and moved out of her moms home. Do i still have to pay her child support direct? Is she emancipated
Bari Weinberger
Bari Weinberger
answered on Aug 9, 2017

Hello, and thank you for your question. When a child no longer needs child support can be a tricky question, indeed. First, let's talk about emancipation and what that means here in New Jersey. When child is no longer in need of his or her parent's financial support or input into their... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: I live in NJ with my children I need to give my sister temp custody but she lives in Oklahoma. What can I do?

I live in NJ with my children, father has not shown his face in 5 yrs I need to go to rehab for my self and my children this is not court order or anything but in the time that I will be in the rehab center I need to give my sister temporary custody but she lives in Oklahoma. What can I do?

Bari Weinberger
Bari Weinberger
answered on Aug 8, 2017

I'm so sorry you are going through this difficult time, but applaud you for your brave attempt to get better. You are right to begin to plan for your children while you will be away so that you know they will be cared for by a loving family member. I do, however, urge you to be cautious here.... View More

1 Answer | Asked in Child Support for New Jersey on
Q: My support obligation went from two children to one. The amount stays the same. No change. Is this normal?

Oldest child turned 19 and was taken off the order. I was paying 197 a week for two children. The letter States the new amount for 1 child ( aged 16 ) will still be 197. Will it be worth getting it reduced, or would I be wasting my time?

Bari Weinberger
Bari Weinberger
answered on Aug 7, 2017

Thanks for asking your question, because this certainly comes up frequently! Since the new child support law went into effect, emancipation (the term we use for when a child is no longer in need of the financial support of their parents), as you know, becomes automatic at age 19, unless there is an... View More

1 Answer | Asked in Divorce for New Jersey on
Q: Do I have to keep paying alimony if my ex wife is serving time in jail?
Bari Weinberger
Bari Weinberger
answered on Aug 4, 2017

Thank you for your question. The law in New Jersey can get a little complicated when it comes to alimony and making any changes to your alimony order. But, in general, the Courts can take into account the changed circumstances of your spouse’s life depending on the situation and as the payor, you... View More

1 Answer | Asked in Divorce for New Jersey on
Q: Can I fill out the paperwork to get a divorce without needing to hire a lawyer?
Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

You can, but please at least consider a consultation with a family law attorney in your area. Many offer free consultations. Depending on your specific case, you may have issues that can get complicated. Better to have good advice/representation now rather than having to go back to court later to... View More

1 Answer | Asked in Adoption and Family Law for New Jersey on
Q: Can I obtain guardianship over my finances son?

I am interested in adopting or at least becoming a legal guardian of my finances son. We currently all live together and in the event something happens to my fiancé, I don't want him to be removed from my care.

He has been living with us full time for 6 months, we shared custody... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

In order for you to adopt, the child's biological mother would have to have her parental rights terminated either voluntarily or through a DCPP action against her. Talk to a family law attorney in your area, many offer free consultations. From your questions, it appears as though you may have... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Have PA custody agreement and 13yr, 10mo old child no longer wants to visit with 1 parent for numerous reasons. Options?

PA custody agreement since 2010. Both parents now residing in NJ. Almost 14 yr old child has expressed numerous times in recent months that he no longer wants to have visits with 1 parent; citing numerous reasons such as parent degrades him, doesn't let him go outside, yells at him often, hits... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

I suggest you speak with a Pennsylvania family law attorney, since the order for custody/parenting time is out of PA. Since the family is now in New Jersey, you may be able to have jurisdiction changed, but it depends on the exact language of the custody agreement.

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex is filing for custody after not seeing him for 2 years, also has had a few arrests. Will that affect my case?
Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

Definitely see a family law attorney in your area so you can provide more details about your case. Many offer free consults. When making decisions regarding child custody or parenting time, the courts must consider what is in the best interests of your child. Your ex has the right to file any... View More

1 Answer | Asked in Divorce for New Jersey on
Q: How can we divorce if he lives in Texas and I currently live in NY? We remarried in NJ of 2009. Who should I contact?

I was told I'd have to go to NJ to get it done. We both have agreed to the divorce terms, and he is even willing to pay for it.

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

In order to file for divorce in New Jersey, you have to have lived here for at least 12 consecutive months before filing your complaint for divorce. It appears from your question that New Jersey does not have jurisdiction and would not be where you file for divorce.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter is uncomfortable around her father and doesn't want to see him anymore. What do I do to have her heard?

My ex and I never married(he left me while pg) I have been with my now husband since she was a few months old. She's always lived with us and only visits her father one day for a few hours. She is uncomfortable around him. She doesn't really want to go on that one day but we (myself and... View More

Bari Weinberger
Bari Weinberger
answered on Aug 2, 2017

This is a difficult situation. I strongly suggest that you at least have a consultation with a family law attorney in your area to get some guidance. Many offer free consults. It is probably best for you to file an application with the court establishing custody, parenting time and child support... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.