Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... View More

Thank you for your question. Going through a divorce can be a stressful and emotional process, especially when children are involved. With regard to your fear of your husband’s parents trying to take your daughter, they likely would not have the standing to do so, as court’s generally do not... View More

Thank you for the opportunity to respond to your question. Unfortunately it cannot be answered without more specific information.

Generally, in the context of equitable distribution, anything that is legally or beneficially acquired during the term of the marriage regardless of whose... View More

Thank you for the opportunity to respond to your question. First I am not quite clear because you state that there is no set amount you are supposed to pay, but yet you state that you were backed up and they took your tax return. Such acts generally do not happen unless there is an order in place... View More

Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU... View More

Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself... View More

Thank you for your question. I would suggest that you may need to talk to the bank through which you are attempting to refinance. Often times, in my experience, a bank will require both parties to sign something, even if one is not legally an owner. You may also wish to have an attorney draft a... View More

Thank you for your question. The answer to your question really depends on the child’s age. If they are under 18, and it is a child support guidelines case, then the child’s income is not included. However, if the child is over 18 and living away at college, child support is determined on... View More

Thank you for your question and I am sorry to hear that you have had such trouble with the court system. I think it’s important for your husband to schedule a consult with a family law attorney to talk about this in more detail. I would anticipate that there are various court orders which would... View More

Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor.... View More

Thank you for your question.

Once a party is served with the Complaint for Divorce, they have to either respond to the Complaint within 35 days or the person that filed has to place them in default before the matter can proceed to an uncontested hearing. Therefore, you do not have to wait... View More

Thank you for your question. When you pay child support it is determined on a weekly amount throughout the course of the entire year. When you have the child overnight, you are given credits for the time you have so that you are always paying the same amount each week even when you have the child.... View More

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While child support is not waivable since it is the child’s right, you have to make application from the court to receive same. Once that application is filed, the statute only allows the court to place retroactive support back to the date of the filing of... View More

Thank you for your question. Unfortunately, it is unclear as to what type of settlement you are referring too. In the event that you were named in the lawsuit, you may be entitled to some of the settlement. However, if you are not a party to the litigation, you may not have a claim to any of the... View More

Thank you for your question. It is unclear, based upon what you provided, what issues actually have to be addressed and what “claim” he filed that day and where. You will need to discuss custody and parenting time with an attorney so that he/she can better guide you in connection with both of... View More

Thank you for your question. Child support is governed by the New Jersey Child Support Guidelines. I suggest that you schedule an appointment with a family law attorney to discuss options and potential obligations. There are many variables that go into the calculations.

Thank you for your question.

You can file an application with the court to her surrender the passport to the court and force her to seek your consent or court permission if she wants to travel. I recommend that you schedule an appointment with a family law attorney to discuss your next... View More

Thank you for your question. If you received a levy for child support while you were in prison, it appears that you already had an active child support obligation that was not paid. If you had the obligation to pay child support and the levy was on your accounts or assets you held then it was... View More

Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your... View More

Thank you for your question. Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so... View More