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Questions Answered by William N. Sosis
3 Answers | Asked in Family Law for New Jersey on
Q: I have joint legal custody but visitation is every other weekend. Can I motion the court for more time and to move out o

the state at the same time, due to a job offer/possibility in the other state? I was divorced 7 years ago but parenting time was split 60/40, the 40% going to me. I was forced to give that up about a year and a half ago. I have been unemployed for over 6 months, cannot find a job in N.J., have... View More

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

The only issue might be getting more time with your children. If she objects you may need to get an attorney to negotiate a consent order that changes your current parenting-time agreement. Also, if she's vindictive, wants more money, or she's just intent on making your life difficult... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I have been staying with my ex-husband rent free for three months. He just pasted away. Can his son evict me?

his son will be taking over the property next month.

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

Unless you get on the lease, start paying rent or have some non-self-inflicted hardship excuse for wanting to continue living there for free, then yes he can. Otherwise, he'll have to allow it.

3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have been the only caregiver of my 6 month old daughter and now her father wants overnight visits 2hrs away is it alwd

I raise and have been the only caregiver for my 6 month old daughter. Her father lives out of state 2 hours away and he has not spent time with her to know and bond with her. He filed court papers but I fear the safety of my child leaving the only caregiver and environment she knows overnight. We... View More

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

Try relaxing. The court will decide correctly based on the child's best interest and fairness to both parents. This is what family court judges do and they do it very well. Taking the high moral ground, histrionics, and disparaging the child's father doesn't work unless you have... View More

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1 Answer | Asked in Child Support for New Jersey on
Q: I am in New Jersey and recently have had my child support obligation terminated since the minor child is now w me.

I do owe arrears and I am wondering if I am able to request child support be paid? Even though I still have arrearages??

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

Depends. Child support is the right of the child and not of either parent. Arrearages tend to continue accruing until their paid in full. But what happened to the payee? When and why did you get custody? (assuming you did get custody) Can the payee afford to suddenly start paying you child support?... View More

1 Answer | Asked in Immigration Law and Family Law for New Jersey on
Q: How old to get married without parent consent?
William N. Sosis
William N. Sosis
answered on Jan 25, 2018

What's your hurry? Is there something about your relationship that requires getting married so soon and so young? Have you heard about the divorce rate, how marriages are plummeting, or how devastating divorce is to people, children, finances, assets, etc? Don't hormones overpower your... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: Can my ex take me back to court for more time with the girls if I have sole custody? If so will he get it?

I have sole custody of my children my ex and I settled out of court. Our original schedule per our agreement that he has Friday to Saturday 6:30-6:30 every other weekend and dinner Wednesday night.this was his choice what he wanted. He now does every other Friday to Sunday and dinner Wednesday... View More

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

Yes, he can take you to court. Circumstances and schedules change in life and courts often make changes to prior agreements when properly petitioned. As far as "will he get it" goes, lawyers aren't fortunetellers or have Ouija boards that can predict the outcome of a case. If you... View More

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: how to find out what happened to my lawyer’s case files if he died in Newark nj

His office number is no longer working

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

Try contacting his office or call the bar.

3 Answers | Asked in Divorce for New Jersey on
Q: I live in a different state from where my spouse has filed for divorce in NJ. What are steps to get ready for case?

She asked initially that we waite until she get her citizenship. we have been separated for 10 years in 13 year marriage. Would that count?

William N. Sosis
William N. Sosis
answered on Jan 24, 2018

There could be jurisdictional issues involved. If you consent to NJ's jurisdiction and accept service of process you'll be accountable to NJ's laws for the long haul. On the other hand, if you're in a position to challenge NJ's jurisdiction you might be able to get it moved... View More

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2 Answers | Asked in Domestic Violence for Virginia on
Q: I was falsely accused of domestic violence . I didnt do it how can i beat this charge. I live in Va .
William N. Sosis
William N. Sosis
answered on Jan 24, 2018

If you only have a temporary restraining order and are awaiting a final restraining order hearing (FRO) you need to act quickly. You only have 10 days and discovery is rarely allowed. However, if you get an attorney before the FRO hearing, he may be able to stay the hearing to put together a good... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Our landlord did not provide us with a lease renewal. Can they hold us to the previous year's agreement?

2017 agreement stated that we may terminate lease with 90 days notice. There is nothing on the agreement that states an auto renewal. We never received a lease renewal for 2018. Can the landlord hold us to the previous year's lease terms?

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

No. You're month-to-month now and leaving the property requires 30-days notice from either you or the landlord.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What action can I take against my landlord who didn't tell me I was paying for common area electric?

Landlord did not disclose that common area electricity (including stairwell heater, stairwell light, and outdoor light) was all hooked up to my meter. I lived in the apartment for 23 months & didn't find out until I was leaving. He's trying to deduct from my security deposit for... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

If it was not in your lease that you would pay for those expenses you should sue the landlord for consumer fraud. You may be able to recover treble damages. But this is separate from your security deposit depending on why you breached your lease. If you had good reason to breach your lease you... View More

1 Answer | Asked in Family Law for New Jersey on
Q: I have joint custody over my 17year old son and his father has legal residential custody of him. I found out that the

Father signed him out of school for good because my son didn’t want to go to school. Is there anything I can do about this when I obviously want him in school and this topic was never discussed with me at all.

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

You could file a motion arguing that it's not in his best interest to leave school and that you want him to continue through college. But prepare yourself for the worst...if your son is really against going to school you'll just be wasting your time and money. It's the old adage,... View More

1 Answer | Asked in Family Law for New Jersey on
Q: Can I do anything to stop my ex husband from leaving our 14 yr old alone overnight?

We share 50/50 custody. I recognize I am the more protective parent, but don't believe a 14 year old should left alone overnight. My ex said this: "Not sure when you are leaving but you can drop HIM off in the morning. Or the day before he is fine being by himself." I was trying... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

Before you do anything you should ask yourself a few questions. Has your 14-year-old son complained about unsafe or dangerous conditions while he's alone? Are you overreacting? Skewing facts? Using your son as a pretext for some ulterior motive? Or, is it just bothering you that your... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: hi, I need an attorney for civil part landlord/tenant.

I was living in a house with the owner -- he passed away -- the son took over the house -- not sure if he has legal ownership -- the son asked me to stay living in the house and said he was going to rent the down stairs bedrooms -- then he said he was "thinking about moving into the... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

This site has plenty of attorneys to choose from. Just click "Find a Lawyer", then "Landlord Tenant"...you should find plenty. Look for attorneys that offer a free consultation.

1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: Im a single mom with 2 teenage daughters 80% of the time. He has a lawyer, I cant afford one what are my options?

My ex lives 2 hours away so I have primary physical custody of our 12 and 15 year old daughters. His support is minimal ($250 per month plus $200 sine I cover healthcare which I pay approx $250 per month for). He has been married and living in a two income household for over 3 years now and... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

The fact that he lives in a "two income household" is irrelevant. Second spouses are not liable for supporting children or ex-spouses that are not theirs. If your circumstances have changed since you were divorced or you're saying your settlement was somehow unfair, then you should... View More

1 Answer | Asked in Divorce and Military Law for California on
Q: My soon to be ex husband of 35 years retired as an 0-6. All of his service was while married. I was awarded half

the pension but now that he's gotten a VA rating of 80%, am I negatively affected? If disability is not a marital asset or is not "disposable", am I protected? Someone said I'm okay as long as his rating was over 50%. And I'm a veteran myself but never believed if you... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

The amount of available funds for pensions, 401k's, and most retirement plans are generally determined by plan administrators and paid through a qualified domestic relations order (QDRO). The percentage of what you're entitled to receive following a divorce is determined and fixed... View More

1 Answer | Asked in Child Custody and Tax Law for Ohio on
Q: Can my ex husband claim all 3 kids even if our divorce paper work says I claim 2 and he claims 1 and vise versa per year

We went to court the 2nd Time and had shared parenting he has them one week I have the next and so on but he was residential for school he got to claim 1 kid one year and I claimed 2 that year and vise versa ..i.e me one him 2 the following year and back and forth. we went back to court he got full... View More

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

He can file for 3 but will have to answer to the IRS if you have an order showing he's only supposed to file for 2. If you file your return correctly (according to the court's order) and he doesn't, he may be liable to the IRS for fees and penalties. You can also file an enforcement... View More

1 Answer | Asked in Divorce for Utah on
Q: If my divorce is final and it states that I take back my maiden name can I change my mind and keep my married name?

My ex husband is saying he is going to file an order to show cause if I do not cahange my name. Dose he have grounds to do so ?

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

That's ridiculous, unless you're abusing his name by doing something that causes him irreparable harm, orders to show cause are for emergent relief only. He may however file a motion to enforce the judgment. You should contact an attorney for a free consultation.

3 Answers | Asked in Child Support and Divorce for New Jersey on
Q: My husband and I are getting a divorce he is not my son’s biological father but has raised him for the last 4 Year’s

My son is now turning five in March and his biological father has never been involved in his life

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

Guess you're asking about support obligations. The answer is yes, if and only if the court finds him to be the psychological father of the child. You should contact an attorney that offers a free consultation. By providing him with more facts you'll get a better answer.

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1 Answer | Asked in Family Law, Adoption and Child Custody for New Jersey on
Q: Im the one that asked about the emancipation so say if my parents dont want to sign it what else can i do?
William N. Sosis
William N. Sosis
answered on Jan 22, 2018

Your parents have a constitutional right to make decisions about you. If they're just acting in your best interest and you just don't like it, you should reconsider what you're trying to do and the shame you might bring them. If you already thought this through carefully, try... View More

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