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Questions Answered by Michael Andrew Conte
2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Is financial infidelity considered grounds for divorce?

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

Michael Andrew Conte
Michael Andrew Conte
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

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can I still receive half of pension awarded from Divorce? Deceased & I are both Retired from NJDOC. Divorced 3/3/10
Michael Andrew Conte
Michael Andrew Conte
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

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I'm the plaintiff in a Domestic Violence case (simple assault charges,) should I get a lawyer to represent me?

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

Michael Andrew Conte
Michael Andrew Conte
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

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My wife and I want to file an uncontested irreconcilable divorce complaint. We don't want the court/judge to determine

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

Michael Andrew Conte
Michael Andrew Conte
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

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: After getting restraining order . State charged defendant . What is it I’m there at court for ?

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

Michael Andrew Conte
Michael Andrew Conte
answered on Feb 12, 2024

You are there as a witness/victim. You should ask any questions and express any concerns to the prosecutor.

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4 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can alimony stop if your ex has been living with another man for 5 years. She tells people they are married.

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

Michael Andrew Conte
Michael Andrew Conte
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.

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: If there's nothing currently in writing with court can the mother take a child out of state away from father

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

Michael Andrew Conte
Michael Andrew Conte
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...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My Son is 8. My ex wife and I have verbal agreements regarding parenting time. We have Joint Custody of our Son.

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

Michael Andrew Conte
Michael Andrew Conte
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

3 Answers | Asked in Child Support for New Jersey on
Q: My daughter is away to college in Tampa, mom lives in NY. I live in NJ, still paying child support, can I contest

My daughter just turn 19

Michael Andrew Conte
Michael Andrew Conte
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

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2 Answers | Asked in Child Custody for New Jersey on
Q: Im looking to relocate with my daughter to Florida next year. I am divorced and would like to know what are my options.

We have shared custody but she lives with me. I also have health issues and the weather will be helpful for me.

Michael Andrew Conte
Michael Andrew Conte
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.

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2 Answers | Asked in Child Support for New Jersey on
Q: In nj i recently made 5 million on stock market and have 2 years of child support left, how would that effect CS, Or not

2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?

Michael Andrew Conte
Michael Andrew Conte
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

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1 Answer | Asked in Child Custody for New Jersey on
Q: What happens to s/o passes and has a child and we’re not married.

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.

Michael Andrew Conte
Michael Andrew Conte
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

2 Answers | Asked in Divorce for New Jersey on
Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

Michael Andrew Conte
Michael Andrew Conte
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.

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2 Answers | Asked in Family Law for New Jersey on
Q: Whats the process to file a motion acting as my own lawyer?? This is for family court for my sons mother to follow order

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

Michael Andrew Conte
Michael Andrew Conte
answered on Aug 4, 2021

https://www.njcourts.gov/forms/10483_post_jdg_kit.pdf

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

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

Michael Andrew Conte
Michael Andrew Conte
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

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2 Answers | Asked in Divorce for New Jersey on
Q: My soon to be ex wife has sent me a divorce complaint. I don't have a problem with anything in complaint.

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

Michael Andrew Conte
Michael Andrew Conte
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

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2 Answers | Asked in Child Custody for New Jersey on
Q: How should I say no, legally, to a grandparent wanting visitation when she’s her sons supervisor for his visitation?

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

Michael Andrew Conte
Michael Andrew Conte
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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4 Answers | Asked in Child Support for New Jersey on
Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.

Divorce papers state 18 if not attending school after high school

Michael Andrew Conte
Michael Andrew Conte
answered on Jul 16, 2021

If the case is being administrated by the probation department, there is supposed to be issued documents prior to the child's 18th birthday asking the custodial parent for documentation of college enrollment, or other information that would continue child support beyond the child's 18th... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can a shared custody order be transferred to nj from NY since the mother now lives in nj? 15 minutes from me.
Michael Andrew Conte
Michael Andrew Conte
answered on Jul 2, 2021

Until you have a new order, the outstanding order is in effect. The jurisdiction of which court would be the right forum to modify your custody order would depend on where you, the mother of the child, and the child presently resides. If you need to update the order or don't know if you need... View More

2 Answers | Asked in Family Law for New Jersey on
Q: My divorce settlement agreement is silent in terms of college tuition, Do I have any legal obligation to contribute?
Michael Andrew Conte
Michael Andrew Conte
answered on Jun 28, 2021

This is a non-exclusive list of the factors the family court is supposed to consider when faced with this issue:

(1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;

(2) the effect of the background,...
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