Get free answers to your legal questions from lawyers in your area.
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 
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
his son will be taking over the property next month.
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.
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
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
I do owe arrears and I am wondering if I am able to request child support be paid? Even though I still have arrearages??
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
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
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
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
His office number is no longer working
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?
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
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
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?
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.
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
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
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.
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
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
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
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
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.
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
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
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
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
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
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
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 ?
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.
My son is now turning five in March and his biological father has never been involved in his life
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
