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Questions Answered by William N. Sosis
3 Answers | Asked in Family Law for New Jersey on
Q: Is there an age when a child can decide to no longer have overnight visits with their dad.

Mom has full custody. Dad has girlfriend that son does not want to be around at all and feels like dad does not like him. Dad takes don to grand moms house where there is not one thing for him to do and no bed for him to sleep in other than with dad. He is almost 11 years old.

William N. Sosis
William N. Sosis
answered on Jun 25, 2018

That's a touchy question. First, New Jersey courts have long-settled the question of non-custodial parents having girlfriends (or boyfriends). Generally, divorce or dissolution doesn't preclude people from moving on with their lives. The touchy part is determining what's actually... View More

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1 Answer | Asked in Adoption, Family Law and Child Custody for New Jersey on
Q: I have sole custody, can my current husband adopt my kids legally?

Biological father is not in the picture, and he pays no child support

William N. Sosis
William N. Sosis
answered on Feb 18, 2018

Parental rights are never terminated lightly because it's a constitutional right. However, if you motion the court and show that (1) the biological parent has abandoned his parental obligations and (2) that the best interests of children would be promoted through adoption, then yes. It also... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: What happens if my ex-wife can't afford to pick up our kids from my visit with them?

Our court order states that I have to fly to NJ to pick up our kids and bring them back to Arizona with me for my visitation. The order states that she has to fly to Arizona to pick them up and go back to NJ. She says that she's not able to pick them up because of finances. So what will... View More

William N. Sosis
William N. Sosis
answered on Feb 18, 2018

You can file for sole custody...but whether your request is granted depends on many factors...such as how a change in custody will affect the children. Your ex-wife might decide to file for a modification of the parenting schedule and/or child support based on changed circumstances. Alternatively,... View More

2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: AUTO DEALERSHIP FRAUD...

I bought a used certified car on Feb 06, 2018 with a down payment of almost 6 thousand dollars. A week after the engine light goes on, the car started shaking, the brakes didn't work well and a weird sound in the engine, so I took the car to Ramsey Dodge because the car was certified by Dodge,... View More

William N. Sosis
William N. Sosis
answered on Feb 18, 2018

You desperately need to contact an attorney who practices consumer law. What you've stated sounds like consumer fraud. NJ has an excellent consumer fraud law that can help you recover not only your down payment but also help you collect damages and attorney fees. Some attorneys may even be... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I find cases on the coversion of equity doctrine?
William N. Sosis
William N. Sosis
answered on Jan 31, 2018

You probably don't have access to LexisNexis or WestLaw so try https://scholar.google.com. Click on the "Case Law" and "New Jersey courts" radial buttons. Search for "doctrine of equitable conversion" OR "equitable conversion doctrine". After hitting... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I have sole legal and residential custody of my child.

Even though DCP&P is involved with my child's father due to drug use and past domestic violence towards myself and my oldest son I am being forced to remain in contact with him. He has yet to have met any directives from DCP&P and the judge continues to disregard their requests. Is... View More

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

You need to get a restraining order against him. Do it immediately and don't wait. There are 24-hour hotlines available or contact a family law attorney if you need help.

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1 Answer | Asked in Consumer Law for New Jersey on
Q: How do I get a lien attached to my car, resolved. I paid my car loan off, from a consolidation loan.

The dealer called and said I have a lien on the car. Please advise. Civil Court, County of Monmouth, NJ

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

The dealer is responsible and should have removed the lien prior to the sale. If the lien wasn't disclosed to you prior to your agreement to purchase the car you could have a consumer fraud case. NJ has an excellent consumer fraud law protecting consumers. The law includes treble damages and... View More

1 Answer | Asked in Child Support for New Jersey on
Q: If I just found out about child support, how can I have arrears? The court date just occurred.

The court date was this month but arrears date back to October of last year. How is this possible and can I contest the tax offset I am facing due to this reasoning.

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

Depending on the circumstances, arrears can be fixed either on the date the court enters a judgment or the date of filing. In your case, since the arrears date back to 10/17 and the court date was 01/18, sounds like the arrears were fixed on the date of filing. Regarding your tax question, you... View More

1 Answer | Asked in Child Support for New Jersey on
Q: I dont think you understood my question. He has mental issues and does not like to work. I DO NOT want his child support

It is not worth the time or effort for $50 a week. I want a good reason to end future child support so I do not have to deal with this man any longer. She has been supported by me 90% of the time, we do not need him. The only reasons I can think of is saying we are reunited. Is there any other... View More

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

If the child is a minor and unemancipated you'll need to file an application with the court. You'll need to convince the judge that you're financially capable of supporting the child yourself and that terminating child support is in the best interests of the child. But NJ courts... View More

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: It it legal to force residents to use an online payment system if there are service fees tacked on top of the bill?

I park in a lot outside of my building and received a new agreement essentially saying my new parking fee will be $170 (from $125), but if I pay online the landlord will subsidize the $45 increase. If I still want to pay in the form of check, I would have to pay the entire $170. The three online... View More

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

Check your lease carefully. Generally, you're only required to comport with your original agreement. If he's accepted checks in the past he should continue doing so without a new lease agreement. Unilaterally deciding to change your payment method without your prior consent is probably a... View More

1 Answer | Asked in Child Support for New Jersey on
Q: Can a judge order a non-bio father to pay child support?

My husband is not the bio-father to a 19 yr old but has acted in the role for a number of years. His ex is now suing for child support. Will a judge make him pay even though he's not the father?

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

It's definitely possible. There's a pecking order the court uses for ordering payment of child support. The natural parents are always first on the list. However, in the absence of a natural parent, a putative (non-bio) parent can be ordered to pay support if the court finds him to be... View More

1 Answer | Asked in Gov & Administrative Law for New Jersey on
Q: Is there a reward for reporting someone who has not complied with a regulation for the last 25 years?

46:8-28.5 Certificate of registration, fee; exceptions. Has never been filed for the 25 years on a property rented in Norwood NJ Bergen County. How can I report this to the proper authorities?

William N. Sosis
William N. Sosis
answered on Jan 31, 2018

Start the easy way, by visiting http://www.norwoodboro.org and clicking on " Municipal Information" in the upper left-hand corner. Try calling the Norwood court administrator at 201-767-7207. She should be able to direct you or give you further instructions. I'm not aware of any... View More

2 Answers | Asked in Child Support for New Jersey on
Q: How do I remove a CS order for a 14 year old for the reason of it being a hassle to deal with the other parent and not

worth the stress for$50 a week? I want the order removed from the NJ CS system, and would like to know a good reason they would grant this? I understand past due support will still need to be paid. I lowered as much as possible but he still doesnt pay and not worth my time as he doesnt like to work... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Whether he's paying or not, the collection should be handled by the child support division. Unless he's paying (or failing to pay) you directly, you shouldn't be worrying about collecting child support. The NJ Child Support division handles everything, e.g., collecting arrears,... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Heat wasn't working for 3 weeks. Mean time room heater used,electricity bill is 350$. I should get partial help in bill

My usual electricity bill is 150$. So 200$ I am looking from owner.

I am pregnant, my parents are coming for 6 months visit. Owner was informed of it earlier but she says it was assumed for few weeks. There is no guest policy in our rental agreement. We understand per USA policy asking for... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Start with getting an attorney to write a letter on your behalf. This often fixes problems without having to go to court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can I sue

Signed a lease 2 months prior to moving in wasn’t able to see the place until the day before moving in multiple issues wrong heat and hot water was advertised to be free heat was not warming the whole apartment new system installed which now runs our electric bill up bathroom needed to be... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Yes, you can sue if you can properly allege fraud. Residential Landlords are running a business like any other business. If they engage in any deceptive and fraudulent practices with a tenant they can be held liable under the consumer fraud act. You'll need an attorney experienced in... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: electric bill past due and will not do a payment plan

I own a home, and have had many people live with me on and off since 1995. My electric company said my meter was tampered with in 2005 and they want me to pay the amount due according to them. I have no clue if its accurate and I of course am the only one on the electric bill. I said I do not know... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

The homeowner is responsible for the bill, however, there are ways of challenging the utility company's bill. Utility companies have, for example, been using smart meters to replace the old analog meters. They then claim you've underpaid because the new meter is more accurate (or some... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: If UIFSA C/S order was issued from FL, then transferred to TX, why does NY have power to modify, when only the enforcer?

I'm currently a resident of NJ, formerly a resident of NY, with a UIFSA order now issued from TX, where the custodial parent lives. The order was originally filed in FL, when I was a resident of NY. When I moved, NY didn't even notify TX of my change of residency. I do not understand how... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Unless there's a clerical error and you're being asked to pay more than you owe, it shouldn't matter "whose rules preside over the order". If you want to know how jurisdiction works in terms of child support go back and read the UIFSA carefully (that's what... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: If a judgement against parent A is in place, owed to parent B, can parent B suggest judgement be paid w/CS funds?
William N. Sosis
William N. Sosis
answered on Jan 30, 2018

No. If there's no reason to garnish or apply parent A's taxes toward child support arrears you can't redirect the payments. You can try and file a motion but the two obligations are likely to be found totally unrelated. You would be better off filing a motion as a judgment creditor... View More

1 Answer | Asked in Family Law for New Jersey on
Q: ex is taking kids 21 and 18 to dom rep for a vacation - will not provide written info with their names on it.

has not taken them to a movie or sports event for 3 hours in 5 years - has 2 other kids and 5 grandkids in ohio that he doesn't/hasn't seen in 20 years - no trust - at all.

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

You can try preventing it through the court but if the "kids" (adults) are emancipated and/or they want to go you probably don't stand a chance. What's happened in the past has no bearing.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can I move out of New Jersey with our daughter if her father moves to Texas?

My daughter's father and I are not married. He has recently ended the relationship and is planning to move to Texas. He is also selling the home we are currently living in. I have no family so would like to move to Florida, closer to family. Can I do this or do I have to remain in NJ for a... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Yes you can unless there's an order prohibiting you. You're not tethered to NJ especially when the other parent moves out of state also. But it's not to say he can't try to object to your moving by filing a motion. He might argue that your moving to Florida somehow interferes... View More

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