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Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?
And can... View More
answered on Jun 1, 2024
The way I read your question, you are anticipating discharging certain debts that your former spouse would otherwise have had an obligation to pay or reimburse you. If the debts no longer exist, then there would be nothing for him to pay to you. If there was some portion of the debt that was still... View More
answered on May 28, 2024
It is up to the judge. File an adjournment request with that judge via JEDS, provide the reason you are making the request, and ask the judge for his/her chambers staff to contact you to advise as to whether the adjournment is granted. Otherwise, appear at the appointed time.
answered on Aug 30, 2024
It could be, but like any other alleged domestic violence case - it is highly dependent on the facts of your case. You should consult with a qualified family law attorney who handles domestic violence cases to better assess the situation and/or discuss the situation with the police.
She has lawyer , she has been in trouble many times with law . She is well known n I have never dealt with this n don’t know what will happen or if I need to be prepared for anything more than to explain what happened
answered on Feb 12, 2024
You are there as a witness/victim. You should ask any questions and express any concerns to the prosecutor.
I have been married for 5 years, and my husband has not been responsible with our finances. He put me in a big debt with ezpass tickets, not paying the car note, and late in rent. Always lies about money and I have not idea what he does with his time. We agreed to get a divorce, he refuses to pay... View More
answered on Jun 15, 2023
Residents of New Jersey for at least one year before filing a complaint are able to obtain a divorce without cause for "irreconcilable differences," as long as those differences have existed for at least 6 months, and there is no reasonable prospect of your reconciliation. Basically, if... View More
answered on Apr 10, 2023
It depends. Was the pension distributed in your Marital Settlement Agreement or Judgment of Divorce? Did you have a QDRO prepared after your divorce, to divide your interest in the pension? Did the pension plan allow for a beneficiary in case of his death? Did your ex-spouse select a pension option... View More
My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just... View More
answered on Mar 29, 2023
Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.
My husband and I have cross-TROs against each other for an incident that occurred on Feb. 17. We now have cross-simple assault charges as well. I have a lawyer for the TRO and simple assault charge where I'm the defendant. Should I secure counsel for the simple assault case where I am the... View More
answered on Mar 24, 2023
On the simple assault case that is a criminal matter against your husband, you are not the plaintiff. Criminal matters are between the State and defendants, so the matter should be entitled: The State of New Jersey v. Your Husband. Those matters are prosecuted by state prosecutors. You will be a... View More
equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When... View More
answered on Feb 21, 2023
You would really be assisted by hiring an attorney here. An attorney could record everything into a martial settlement agreement as your proposal, submit that agreement to the other party who would be invited to review it with her own attorney, and then once it is signed you would just put through... View More
My son broke up with his girlfriend and now she is planning on moving out of state to live with her family and is taking their child with her even though he's tried talking to her about it saying he doesn't want that to happen because he will never see him. He can't even see his son... View More
answered on Oct 12, 2022
Tell him to retain a qualified family law attorney:
N.J.S.A. 9:2-2 states the following:
When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorced, separated or living separate, and such children are natives of this State, or... View More
I am very involved in his life. My ex is considered the custodial parent. My Son is struggling bad, extreme, with anxiety. He only has issues while he is at his Mom's house. He has 0 issues when he is with me. Regarding the same things. Brushing his teeth, etc. Basic things.... View More
answered on Mar 28, 2022
As his father, of course you have legal standing to bring a request to modify custody and parenting time to the Court - but your questions really isn't about legal standing. You want to know whether you will be successful against a stubborn adversary who isn't willing to see things the... View More
My daughter just turn 19
answered on Mar 17, 2022
Typically a child remains unemancipated for support purposes if he/she is a full time college student until age 23. Often child support is recalculated around the time a child lives away at college on campus, as the child support guidelines only apply to children residing at home with a parent.... View More
We have shared custody but she lives with me. I also have health issues and the weather will be helpful for me.
answered on Feb 28, 2022
You either need the written consent of the other parent, or a court order permitting you to relocate with the child out of state. If you don't have the other parent's consent, then I strongly suggest you consult with a qualified family law attorney.
2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?
answered on Dec 16, 2021
Child support is the right of the child, not "the money hungry Ex." That said, child support is driven by income, not assets. If the money you made from the stock market were to factor into a child support calculation, a reasonable rate of income derived from the investment of those gains... View More
We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.
answered on Oct 8, 2021
I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... View More
What are the next steps?
answered on Sep 7, 2021
It depends on what may be stated in your settlement agreement or judgment of divorce. I recommend that you bring your divorce documents to a qualified family law attorney to review and advise of your options.
His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021
Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... View More
answered on Jul 25, 2021
It's impossible to give you advice about your situation in this type of forum. Family law attorneys see a whole spectrum of broken family dynamics. In some cases, children have legitimate fear of one parent for legitimate reasons. In other cases, children pick up cues and/or are manipulated by... View More
She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... View More
answered on Jul 23, 2021
The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should... View More
I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... View More
answered on Jul 23, 2021
There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.
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