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answered on Jan 24, 2020
Thank you for your question. Has the order been transferred to PA courts? If not, New Jersey would still have jurisdiction. Typically, child support in NJ automatically terminates at age 19 unless there are special circumstances such as the child is still in school full-time or is disabled, in... View More
I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.
answered on Jan 16, 2020
I am sorry to hear that you are going through this stressful situation. If your former spouse refuses to follow the official settlement terms of your divorce, you may be able to go to the courts to ask a judge to enforce the terms. For example, if your settlement called for the marital home to be... View More
The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.
answered on Jan 16, 2020
Thank you for your question. I am sorry to hear you are experiencing this stressful situation. The courts take the issue of alimony enforcement very seriously. Check your Judgment of Divorce’s details for any specific language it might include about issues of non-payment. If you and your former... View More
Even though I asked for child support re evaluation in 2018 with bad legal council. Can I get back support since it is such extreme bad faith and he miss lead the court that there was no change of circumstance?
answered on Jan 6, 2020
Thank you for your question. The question you present is very fact sensitive and depends on the proofs you have regarding the alleged $50,000. I encourage you to contact an attorney to schedule a consultation.
And that child support ends when you are 23. Does this still apply if I’m in still in school or does it end at age 23 now no matter what?
answered on Jan 2, 2020
Thank you for your question. The NJ child support statute states that an obligation to pay child support shall terminate when a child reaches the age of 23. In certain circumstances, such as when a child is disabled or still in school, financial maintenance may be sought, though it is not... View More
I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what... View More
answered on Dec 27, 2019
Thank you for your question. I know how concerned you must be about the safety of your daughter.
In all issues regarding children, the Courts have to determine the best interests of the child. It is important to always document all evidence to protect the safety of your daughter. There... View More
At what point is she not in titled to my health care I’m not a jerk.
answered on Dec 27, 2019
Thank you for your question. I understand how worried you must be about your Wife wanting a divorce and leaving the house. In New Jersey, there is no option to file a legal separation with the Courts. With regards to the health insurance question, you cannot simply remove her just because either... View More
answered on Dec 10, 2019
Thank you for your question. While certain communications between parties may be admissible in Court, a parent cannot legally surrender their parental rights via text message.
I have always had a close bond with my son, but he is bending to his wife's will. She has cut off our entire family from seeing my granddaughter. How can I get to see her? There has been no incident to provoke this...she simply doesn't like me.
answered on Dec 10, 2019
Thank you for your question. I understand how upset you must be about not having the opportunity to take an active role in your son's family.
The short answer is that generally, parents are free to make decisions about the involvement of others in the lives of their minor children.... View More
Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will... View More
answered on Dec 5, 2019
Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... View More
Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I... View More
answered on Dec 4, 2019
Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... View More
SO the boy was having a bad time with the step mother. His biological mothe risn't in the picture she threw him and his Dad out when he was 3 months old. Her grandmother pays support to keep her out of jail as she refuses to pay. I don't want to sue my son as he has rare genetic cancers... View More
answered on Dec 2, 2019
Thank you for your question. Raising your teenage grandson while your adult son also has medical issues is a lot to handle at once. However, it’s not likely you will be able to have support paid directly to you and eliminate your son’s involvement without going to court. You will need a... View More
answered on Nov 26, 2019
Thank you for your question; I am sorry you had to pay child support for a child that is not yours. The answer is “Yes” you can. However, the application has to be made in the procedurally correct manner, with proof as to the child not being yours. The mother needs to be served. I strongly... View More
My almost 16 yr old wants to live with me and feels unsafe there due to emotional and mental abusing behaviors of her Father. I need to know how to proceed. Would she be able to still attend her school and live with me? He has gotten worse in his behaviors over the years. My oldest seems to get the... View More
answered on Nov 26, 2019
Thank you for your question. To obtain a change in residential custody, you must first demonstrate that there has been a change in circumstances from the last time custody was addressed (i.e., the last court order or agreement). It sounds like your circumstances may qualify. It is imperative... View More
A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.
answered on Nov 21, 2019
Thank you for your question. I understand how frustrating the court system can be.
The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you... View More
answered on Nov 21, 2019
Thank you for your question. It depends on the judge, but you will usually receive a signed consent order back from the court within 2 weeks of sending it. If you have not received it within 2 weeks, you should call the judge and inquire.
In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... View More
answered on Oct 15, 2019
Thank you for your question. It sounds like you have a really difficult situation with a co-parent who does not want to co-parent with you. I am not sure what your November 1st Court appearance is for or how that came about but it sounds like the other party is not acting in your daughter’s... View More
My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... View More
answered on Oct 7, 2019
Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... View More
We have joint residential custody. At the time of our hearing, about 10 years ago, I was making more money. Now, she makes more and has her own business. I still pay child support and go half with her on everything else. Camp, clothes, birthday’s, I pay the medical bill, etc. when, my kids are... View More
answered on Sep 18, 2019
Thank you for your question. To answer your question the answer is no. You don’t have to give her more money than the child support unless your agreement with her addresses equal contribution for extracurricular activities and other expenses such as medical expenses. I recommend for you to meet... View More
Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... View More
answered on Sep 6, 2019
Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.
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