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Questions Answered by Michael A. Conte
2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for New Jersey on
Q: Can my legal guardian press charges on my boyfriend if i consented to incourse

Im 17 years old and will be 18 in august my legal guardian wants to press charges on my boyfriend for having incourse with me when i consented he 20 years old can they do that they just dont like him thats why they are doing it

Michael A. Conte
Michael A. Conte answered on May 25, 2017

Here is the link to the NJ statute:

http://law.justia.com/codes/new-jersey/2014/title-2c/section-2c-14-2

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1 Answer | Asked in Family Law for New Jersey on
Q: My wife kicked me out, took all our money, both cars, all my clothes. Without my car I can not work. How is this legal?

I was layed off of work. After 8 weeks of job hunting my wife said I needed to leave because I was a looser. She took all our money out of our joint account and put it into a private account, took both cars and keys and had me served with a restraining order. I had no options, I'm sorry to say... Read more »

Michael A. Conte
Michael A. Conte answered on May 24, 2017

You really need to have an immediate consultation with a qualified attorney specializing in family law. It looks like you need to file for divorce and contemporaneously file a motion for immediate relief, possession of your car, possibly a counsel fee advance, to address immediate parenting time... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: County board of Social Services is seeking Paternity, child support and medical coverage for my husbands stepson

My husband is not his biological father. The child has been in foster care since his mother's death. Why are they coming after my husband?

Michael A. Conte
Michael A. Conte answered on May 24, 2017

Maybe they suspect that he is the child's biological father? Who knows. If he is not the father of the child, then the paternity test should put an end to the issue.

1 Answer | Asked in Family Law for New Jersey on
Q: Daughter is 11yo, her "father" hasn't done anything for her since 2yo. What is the easiest way to term his rights?

He and I were never married.

He has a criminal past which he hid details from me for a long time(Sex assault of a minor) and also does hard drugs. She has no relationship with him. He hasn't been on child support since she was about 2yo. My husband of 6 yrs wants to adopt her also. My... Read more »

Michael A. Conte
Michael A. Conte answered on May 24, 2017

You should seek a consultation with an attorney who has experience with contested adoption cases. The biological father has parental rights, although he has not exercised them. He will either have to waive his rights in the proceeding, or it was move forward as a contested proceeding. If contested,... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I have 3 children and they use to live with me, but now they live with there father in Sumter South Carolina,

I haven't seen or heard from them in three years, but I will be paying child support for a 12, 16, and a 17 year old,. How can I get visitation for my kids when I pay support for my children?

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

You will need to file a cross-application requesting parenting time. In your papers, you should try to address how to overcome the obstacles that your absence from the children's lives for three years will certainly bring to your ability to reconnect and effectively parent them. You should also... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My husband is coming home from rehab but I still don't trust him to be alone with our kids, What can I do?

My husband gets home from rehab in a few weeks. I do not feel comfortable with him being alone with our two young children due to his history of drug abuse. This is my husbands third time in rehab. I have evidence as far as recordings of him admitting that he snorted drugs in the basement while... Read more »

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

I strongly recommend that you schedule a consultation with a qualified attorney whose main practice is in the area of family law. You are right that your husband can make an argument that he is now clean to try to counter your concerns. What the Court will do with competing stories will be largely... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Noncustodial parent has been having my daughter sleep at his short term girlfriend's house? What are my rights?

I have never met this woman, nor do I know where she lives. I did not learn of this until a mutual friend brought it up in conversation

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

You are at least entitled to know, from him, where your child is when he is exercising parenting time. I believe that the first step in making sense out of the situation is trying to talk to him about the situation. If you cannot agree on a way that he will voluntarily keep you apprised of where... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: How soon can I have a custody agreement in place when it comes to supervised visitations?

My husband will be back from rehab in a few weeks. Based on his reoccurring history with drugs and alcohol I'm not comfortable with him being alone with our children (1 year old and 3 year old). He has gone for treatment and is clean as far as I know but with his track record and the times that he... Read more »

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

Supervised parenting time is something that is sometimes requested and sometimes granted in family Court. His recent history of drug use and the young ages of the children are factors that would increase your chances of success with this type of an application. I can't tell from your question what... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: I would like to know where to find specific family law statutes that detail the formula used for family support, alimony

my daughter has lived in NJ for 4 years, she has 2 children, 6&8, she and husband own their home in Montclair. Needs to know the math formulas for determining alimony, child support or Family Support.

Thank You,

Michael A. Conte
Michael A. Conte answered on May 8, 2017

There is no formula for spousal support. The statute asks family court judges to consider several factors, such as: the length of the marriage, the need of the dependent spouse, etc., to determine an amount of spousal support that is fit, reasonable, and just.

Child support is based on a...
Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: can i represent my self for joint custody

how do i get paper work to fill out and how much is the fee i live in elizabeth nj

Michael A. Conte
Michael A. Conte answered on May 8, 2017

You can represent yourself in family court for a custody matter. I'm not sure what you mean, "represent myself for joint custody." In any case, go to the family courthouse in your county. They will provide you with the documents that you will need to fill out to address the issue and they will... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: what is the statue of limitations for fraud, dissipation and transfer of marital assets, to reopen divorce on Rule4:501f

My husband abandoned me and my daughter in 2010. He transferred and dissipated over 2 million dollars and defrauded our divorce. Our divorce was final in 2012, I was extrememly misrepresented, there was no testimony. I have sole custody, he is abusive. My ex refused to pay support and fled the... Read more »

Michael A. Conte
Michael A. Conte answered on Apr 20, 2017

I don't believe there is a bright line statute of limitations on filing a 4:50-1 application, as it would be based on the totality of the circumstances to achieve equity and justice. That said, your case is obviously extremely complex. I recommend that you bring all of your issues to a qualified... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I want to divorce my husband& would like to know what my rights are.

I have a 3 year old daughter.I don't have the american citizenship but I have a green card. I don't have a job so I don't have any source of income.

Michael A. Conte
Michael A. Conte answered on Mar 24, 2017

You really need to meet with an attorney who handles both matrimonial law and immigration law.

1 Answer | Asked in Divorce for New Jersey on
Q: i have a question my husband got a divorce from his ex wife he had to have her evicted from the home do to mental

issues after the divorce the lawyers put house up to be sold it hasnt now he wants to know if we can buy her out ? even tho its in the divorce?

Michael A. Conte
Michael A. Conte answered on Mar 24, 2017

You can only agree to buy her out if she will be willing to make that agreement with you. You would probably benefit from using a qualified family law attorney to help you try to settle this issue.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm looking for a lawyer who works pro bono or for low income for family law
Michael A. Conte
Michael A. Conte answered on Mar 23, 2017

Contact the bar association in the county in which you live, and ask if there are any low-cost or pro bono attorneys that will consider taking a case like yours. Another resource can be state law schools, who sometimes have law clinics to assist.

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: I have twin 19yr old daughter's in college if one comes to live with me do I still have to pay supportfor the other

They both reside with their mother but one might come live with me. So wondering if they would cancel each other out if we both have one.

Michael A. Conte
Michael A. Conte answered on Mar 21, 2017

It depends. Child support for children in college is supposed to be based on the child's reasonable needs. You also need to consider the interplay between college costs for the child and child support. Certain expenses overlap - for instance you generally pay room & board to a college and paying... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: What do i have to do to put myself on childsuport and a schedule for visitation rights?

I want to able to have one week with my daughter and one week with the mother as visitation rights. And to pass her money for the baby..

Michael A. Conte
Michael A. Conte answered on Mar 21, 2017

You need to file an application for a court order in the family part of the Superior Court. In it, you need to request the implementation of a custody schedule and a child support obligation. These issues and legal procedure can become complicated. You may want to schedule a consultation with a... Read more »

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