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Questions Answered by Michael A. Conte
1 Answer | Asked in Divorce for New Jersey on
Q: In my divorce under higher education its stated parties shall pay to their ability with the newburgh vs arrigiano law...

If my ex takes me to court to pay half I'm told they look at all ur money in ur checking and savings acct. I don't make much and put a portion of the house money in a savings acct for my nest egg when things get bad. Does the state of nj take that money into account on paying for college? Or do... Read more »

Michael A. Conte
Michael A. Conte answered on Aug 9, 2018

In Court you will need to disclose more than just the balances of your bank accounts. You will need to probably fill out an updated Family Court Case Information Statement, which provides your last year's income, your current YTD income, you income based on your last three pay stubs, your monthly... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I never paid child support for my daughter and she's 15 years old now my child's mother is taking me to court

Do I have to pay child support ? If yes if I signed my rights over of my child do I still have to pay i don't get to see her

Michael A. Conte
Michael A. Conte answered on Dec 11, 2017

If you are the legal parent of the child, then you have a child support obligation. The right to be financially supported is the child's right, not that of the custodial parent. You cannot "sign away" your rights to a child to avoid child support, unless you mean signing over your parental rights... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: My son settled on a house in 2004. The deed was recorded 2005. 2013 he married and has 3 kids. If divorced would wife ge

If a divorce occurs would she get any part of house?

Michael A. Conte
Michael A. Conte answered on Nov 14, 2017

If it is his premarital property, the only claim she might attempt is for a portion of the appreciated value of the property during the marriage. That is, if the house was worth $200,000 on the date of the marriage with a $100,000 mortgage (so total equity in the house was $100,000 on that date),... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Do I have to keep paying for child support while my child is in college she live on campus. I am paying 50% of college

The mother want child support while I pay for my part of college, I pay for clothes, food, I bought my child a car. I don't care about paying for my kid education or expenses. I am just sick of giving money to my degenerate ex spouse that use the money to pay for helsef, party, drink and drugs

Michael A. Conte
Michael A. Conte answered on Nov 14, 2017

This is not the type of question that can be answered adequately in this type of focus. The general answer is that the child is not emancipated if (s)he is a full-time college student, so you have a continuing obligation to pay child support to the parent of primary residence. It is unclear from... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My daughter's father owes me almost 57,000 in back child support, on October 4,2017 he was finally approved to collect

Social Security/disability benefits, after applying over eight years ago. Will child support deduct any money from his settlement for his back owed payments?

Michael A. Conte
Michael A. Conte answered on Nov 14, 2017

If you have not already, contact the child support call center (877-655-4371) and notify them that he will be awarded SSD, and probably a large lump-sum retroactive payment. I am not sure if they will be able to intercede to collect some portion of your arrears before he receives that payment, but... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can my ex take me to court to gain primary parent? Do I need permission to move?

I Currently live in the same county as my ex. we co-parent well and have never had to bring the courts into our lives as far as a custody arrangements, we simply just have a paper stating I am primary parent and we have joint custody.However I am looking to move about 1 1/2 - 2 hours away to... Read more »

Michael A. Conte
Michael A. Conte answered on Nov 14, 2017

I strongly suggest you contact a qualified family law attorney for a consultation. This type of move will affect both parents' lives and the child. You will need to all be on the same page before the move takes place, or else you are begging for contested litigation - which could create a... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex husband picked up my 16yo from school during my court ordered parenting time...what are my options?

I am PPR. Parenting time is shared 50/50...all court ordered. I had a disagreement with my child out of hurt by something she did. She called her dad to pick her up from school during my parenting time, which he did. I spoke with him and he said she doesn't want to come home and he can't make... Read more »

Michael A. Conte
Michael A. Conte answered on Nov 14, 2017

This type of issue is sensitive. Being that your post is two weeks old, I presume that one way or another it has resolved by now. As a general rule, it is best to try to address these type of teenager issues delicately, by trying to talk it through with your child, while trying to gently remind the... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Can I add a clause in my divorce requiring that my ex can’t get any of my future social security benefits NJ?

I’m not currently on SS benefits, but when I retire or should I become disabled (SSDI)

Michael A. Conte
Michael A. Conte answered on Nov 14, 2017

Your spouse will only be entitled to a benefit based on your social security income if your marriage lasted for over 10 years. If she makes a claim on your benefits, it will have no impact on the amount of Social Security retirement you receive. She also would not have a claim to social security... Read more »

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Can I file for child support in NJ if divorce is filed against me in PA?

Custody agreement was also entered in PA.

Michael A. Conte
Michael A. Conte answered on Aug 11, 2017

The short answer is yes, I believe you are able to file for support in New Jersey. Bring the divorce and custody orders with you when you go to the courthouse, as those orders will need to be registered in New Jersey to get the case opened.

1 Answer | Asked in Family Law for New Jersey on
Q: I'm in the process of getting my son back. The judge granted my appeal. Am I allowed to get my son back with a roommate?

He will have his own room bed clothes etc. My case is in NJ but I currently relocated to NC

Michael A. Conte
Michael A. Conte answered on Aug 11, 2017

It's hard to understand exactly what you are asking, but I am assuming you have an order granting you custody of a child and that you have, since the order was entered but before you actually obtained custody, began living with someone. If that is the case, your new roommate would not automatically... Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for New Jersey on
Q: Is there anyway to get my dog back from my ex-neighbor who legally took my dog during a move? We've had him for 3+ yrs.

I have had this dog for over 3yrs, my sister even has papers stating he is ours but during a moving situation (house to house) our ex-neighbor (whom is on drugs.) Legally took our dog. What can we do?!

Michael A. Conte
Michael A. Conte answered on Aug 11, 2017

I would try first asking him for the dog. If that doesn't work, bring your papers to the police and tell them what happened. They may assist you retrieve your dog and/or at least investigate further.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My ex is asking for retro child support modification and to agree to a biannual regular reassessment of child support

I am a high income child support NJ case and we have been in negotiations for months regarding a child support increase (since the time her alimony ended). She is from a wealthy family and clearly wants to avoid court to avoid a full disclosure of her assets and income her family provides. She is... Read more »

Michael A. Conte
Michael A. Conte answered on Aug 11, 2017

You really need a lawyer to look at the specifics. Retroactivity might be fair in this fact pattern, but your ex probably would not get a retroactive award if the matter went to court, due to a statute. The bi-annual exchange of tax returns is not very unusual, but in your case it doesn't sound... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I was married 1992 and lived in Pa. Left my ex and 4 kids n 2003.Moved to NJ 5 years ago. By Pa law I made my final

child support payment 4 weeks ago. I just received a letter from NJ Family Law that my ex wants to sue me for support of my children and possibly support for her. Can she do this?

Michael A. Conte
Michael A. Conte answered on Jul 19, 2017

No. If the initial order was entered in PA, then PA law applies to the end date of the child support obligation. Also, there does not appear to be any basis for you to have an alimony obligation impressed on you now, after you did not pay alimony for 14 years. That said, you should probably bring... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I started covering my daughter's health insurance over 2 months ago, can I file to get a reduction to my child support

My support amour has stayed the same but now I'm paying more since I am now covering health insurance as well

Michael A. Conte
Michael A. Conte answered on Jul 11, 2017

Yes, if it was not already considered in the initial calculation of child support. In New Jersey a parent's payment of the child's portion of health insurance premiums should be factored into the calculation of child support pursuant to the New Jersey child support guidelines. In order to have the... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I currently have an open dyfs case that I is being closed in Aug

I have a 5 month old with a boyfriend who does not live with me has hidden cameras in my house i just found. To be honest, there is some drug use that might have been recorded. My question is if he can legally use this info to get dyfs and custody

Michael A. Conte
Michael A. Conte answered on Jun 28, 2017

You realize you are posting on a public forum an admission of "possible" criminal conduct and/or conduct that would likely be harmful to the interests of children, right? You probably want to sit down in an attorney's office to get your questions answered... You probably should also make sure there... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: The father of my child is trying to get me caught doing something illegal so he can call dyfs. I have found hidden camra

In my home that he does not own or live in. I am in NJ and I wanted to know the laws when it comes to showing to dyfs and court

Michael A. Conte
Michael A. Conte answered on Jun 28, 2017

Report the hidden camera to the police. If they agree that probable cause exists that he is committing a crime, then they have the power to take action against him.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Will probation seize a life insurance settlement my ex is the beneficiary of to pay an arrearage?

His wife passed away. They have 2 minor children. My understanding is that the policy is more than 100,000. He owes me over 26,000.

Michael A. Conte
Michael A. Conte answered on Jun 22, 2017

I'm not sure. You should, however, contact your county probation department and ask to speak with the probation officer who handles child support judgments. Tell him what you know. If they can intercept it, he/she should be able to help you figure out how. If not, you can at least try for a levy of... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: Hello. I am divorced 12/2016 I want to file for alimony, how can I go about this-HELP!!

mediator was used no private attorneys-child support and alimony was waived

Michael A. Conte
Michael A. Conte answered on May 30, 2017

There is virtually no way that your question can be adequately addressed in this forum, without reviewing the underlying facts and document in more detail. You need to take your Marital Settlement Agreement with you to an attorney with significant family law experience. They will review the... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: I left my husband in Jan 2010 for domestic abuse. He got arrested, resisting arrest and hitting cop. Went to court cops

didnt show up so they dismissed the case. He kicked me out cause Lease was under his name and I was not allowed to take the boys with me. I had no where to go. So I came to Mass temporoy . He then went to court and said I abandoned the kids. So When we went for custody the judge or courts never... Read more »

Michael A. Conte
Michael A. Conte answered on May 30, 2017

You have a complicated set of facts and issues, including domestic violence and child custody. The short answer is that you can bring your facts to the courthouse and file for a Temporary Restraining Order (TRO) against your husband, and the matter will be heard by a child support hearing officer... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: If my son's father is requesting a decrease in child support will I get my child support until we go to court?
Michael A. Conte
Michael A. Conte answered on May 30, 2017

So long as no new child support order has been issued, your son's father remains bout by the order currently in effect. That means that he should continue to pay child support based upon that order. That said, if he is pleading that he no longer has the ability to pay child support pursuant to that... Read more »

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