Thank you for your question. First and foremost, all motions are required to be sent via regular and certified mail. I would call whatever courthouse where court is allegedly scheduled to occur. You are looking to speak with the family division office. Once there with your name and even better if... View More

Thank you for your question. You need to contact your local police department to make a report of each and every incidence. Unfortunately, without understanding what you mean by discriminated I cannot offer any advice on that issue.

Thank you for your question. When one parent moves to another country, there would likely be good cause for the parent remaining in the United States to have sole residential custody, especially if the other parent has not been exercising parenting time. The key factor to modifying an existing... View More

Thank you for your question. Pensions are governed by the federal law, specifically the ERISA statute, but state courts in New Jersey have held that a pension may be garnished to pay child support. There may be more than one court order needed for the plan administrator of the pension to do so.... View More

Thank you for your question. Child support can be tricky, in that most of the relief only reverts back to the date an application is filed with the Court. It is imperative that your wife speak with an attorney experienced in child support and college contribution as soon as possible so that she... View More

Thank you for your question. I am so sorry that you are going through this. It sounds like a really tough situation. Generally speaking, the Court will not permit a voluntary termination of parental rights unless there is good cause; avoiding a child support obligation is not something that is... View More

Thank you for your question. If the house is in joint names, you have an equitable interest in the house, although it may not necessarily be 50% based upon the fact that he purchased it prior to the marriage and your marriage is short term. With respect to what will happen to you financially, I am... View More

Thank you for your question. Unfortunately, I am not able to provide you with an answer as I do not have enough information. Whether or not your boyfriend can retire is dependent upon the terms of his Matrimonial Settlement Agreement and how long he is required to pay alimony and under what... View More

Thank you for your question. There are many different factors to consider when analyzing your particular question. It is not a cut and dry answer so there is information we need from you to be in a position to better guide you. A court could require a contribution toward that cost but based upon... View More

Thank you for your message. This is a terrible predicament for grandma. Lawyers are oftentimes imposing and unnecessarily demanding. It sounds like you have given her the correct advice, however, if she already signed the document I’m sure the lawyer has filed it with the court. She needs to... View More

Thank you for your question. I am sorry you are going through this situation. To answer your question, alimony arrears and child support arrears are treated differently. Child support arrears are only retroactive to the date of the order or filing of the complaint -depending how the judge entered... View More

Thank you for your question. At a final restraining order hearing, both parties have the ability to present evidence and call witnesses. The judge will decide, after hearing all the evidence, whether or not to issue the FRO. In a case where the main issue is anonymous letters, evidence related to... View More

Thank you for your question. It will depend whether the source is from an active or passive asset. You can always look for a recalculation of child support based on change of circumstances for her. Best of luck.

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... View 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... View 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... View 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... View More

Thank you for your question. The short answer is yes, if you have a compromised immune system. You will need to offer make up visitation days when her state is removed from the quarantine list.

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... View 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.