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Questions Answered by William N. Sosis
1 Answer | Asked in Child Support for New Jersey on
Q: My kids are in college, my kids said I should be giving them all of the child support. Is that correct? Please help???
William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Whether you "should" be giving them all the child support is not the issue. If you were divorced or separated the child support order already states how your payments must be made. Support payments are normally paid to the custodial parent either directly or through the probation... View More

1 Answer | Asked in Child Custody for New Jersey on
Q: My ex husband has three weekends a month with our son who is now 11. He won’t allow him to play with friends or sports.

How can I help my son, he wants to go to games and is invited places with friends on the weekends.. my ex will not speak to me or email me or text me. He won’t agree to mediation or counseling. My son is suffering and doesn’t want to go there my ex says his time with my son is more valuable... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

You need to file a motion with the court pleading your case and asking for relief.

2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: My kids are in college, my kids said I should be giving them all of the child support. Is that correct? Please help
William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Whether you "should" be giving them all the child support is not the issue. If you were divorced or separated the child support order already states how your payments must be made. Support payments are normally paid to the custodial parent either directly or through the probation... View More

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3 Answers | Asked in Elder Law and Tax Law for New Jersey on
Q: I have custody of my granddaughter since August who has legal right to claim her on taxes.

This is not through courts. Her father and his wife is trying to claim her on their 2017 taxes she has not been in his care since Feb 2017 nor has she with him she was still using his address to go to school in his area she was taking train or bus to school every day.there was a case filed in Feb... View More

William N. Sosis
William N. Sosis
answered on Jan 11, 2018

Form 8332 is completed by the custodial parent as a declaration that she will not be claiming the child as a dependent. The form only applies between parents (not grandparents) and for the year(s) specified therein. If the form was "supposedly" completed in 2015 and the parents are now... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Deducting lost rent from the security deposit - detrimental reliance?

Edited

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Detrimental reliance is an equitable remedy and does not apply to you. You were provided with written notice to quit twice: 45 days and 30 days prior to the expiration of the lease. You knew the lease was expiring and that the apartment had to be rented. Had the tenant breached her lease (which it... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord charge me additional rent if I add my parents to my lease?

I currently rent a two bedroom apartment with my wife & 1yr old daughter in North Bergen, NJ.

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Sounds like your landlord is threating to increase your rent because you've breached your lease agreement? You cannot just arbitrarily decide to "add" people to a lease. There needs to be an agreement between you and your landlord to revise the terms of the lease. If you breach your... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord with two renters in one house - what is quiet enjoyment? Drumming....

I live in second floor unit, and the other tenant on first floor. For years we are having excessive noise from first floor tenants. We tried to talk to them in the beginning but we were ignored. So after that I kept bringing the issue up to the landlord. He talked to first floor renters multiple... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

What your landlord told you is ridiculous and self-serving. You're talking about another tenant that's well within the control and responsibility of your landlord. Anyone tenant who regularly ruins the peace and quiet of other tenants can (and should) be evicted by the landlord as a... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for New Jersey on
Q: Do i have a case?

For a year, Ive been working at a restaurant as a server where the owner has repeatedly treated me differently than my peers. On my first day on the floor, I was written up for eating a piece of bread, whereas my co-workers have NEVER received anything remotely close to such punishment. I wasnt... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

I'm assuming you're a member of a protected class and the discrimination you're feeling is based on race, national origin, sex, age, disability, creed, etc. There are state and federal laws prohibiting discrimination but unless you're working under some employment contract you... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Do my 2 month old grandmother (dads mom) have the right to take my son for the weekend

Do I have to be the one taking him back n forth to see her or shouldn't she make the effort to see him. She trying take me to court because I don't bring him to her but always welcomed her to visit him but she feel as tho she don't want to come to my area and she don't want... View More

William N. Sosis
William N. Sosis
answered on Jan 10, 2018

No, not unless there's a court order giving them her the right. N.J.S.A. 9:2-7.1, requires that grandparents make an application to the court before they can have visitation rights. The application must prove that visitation is in the best interests of the child (which, from what you've... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My hot water tank has been busted for 10 days and the landlord still has not fixed it, can I terminate the lease ?
William N. Sosis
William N. Sosis
answered on Jan 10, 2018

It's unreasonable for a landlord to take 10 days to repair a water heater in the dead of winter. This is a breach of the implied warranty of habitability and entitles you to certain affirmative actions such as having it repaired yourself or even moving out. Give your landlord 24 hours notice... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Are landlords supposed to come to your apt, call or text your phone seeking rent payment?
William N. Sosis
William N. Sosis
answered on Jan 10, 2018

Thanks for your question. You should refer to the terms of your lease for how and when your rent payments are supposed to be made. Assuming your landlord is coming to your door or texting you because you're habitually late, realize that your landlord can file a complaint to evict you. Tenants... View More

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1 Answer | Asked in Federal Crimes and Criminal Law for New Jersey on
Q: I was 16 she was 18 and we had a daughter but I would say no to sex it’s been 7 years can I still press charges
William N. Sosis
William N. Sosis
answered on Jan 9, 2018

Thank you for your question. If you're asking whether you can charge her with statutory rape/sexual assault I think you're going to have a problem. First, even if you were 16 at the time, New Jersey sets the age of consent at 16 (the law requires, among other things, that the victim be at... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: My child is turning 12 in April can they decide where they want to live in the State of NJ?

My child has requested to speak with the Judge 2 years ago and was denied due to age, the child is adamant about living with father fulltime due to CP-mom being verbally abusive with Parental Alienation, will the Judge listen to child now? And will the child be able to decide where they would like... View More

William N. Sosis
William N. Sosis
answered on Jan 9, 2018

NJ Family court doesn't appreciate parents who use children as pawns before, during, or after a divorce/separation. Parental alienation happens too often because one parent wants to gain a financial leverage over the other parent, punish the other parent, or for some other wrongful reason(s).... View More

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1 Answer | Asked in Child Support for New Jersey on
Q: If a child is in college and takes a semester off or not full time Paying parent was not notified.Then goes back to full

Can the child be removed from support

William N. Sosis
William N. Sosis
answered on Jan 9, 2018

Probably not. Courts are generally very lenient toward unemancipated children who take "short" breaks from school. But you should check the terms of your separation agreement. If there's language regarding post-secondary education support that's favorable to you, you may have... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: If me and the father of our child agreed to have cupport paid directly to me from him can I collect owed money not paid

We mediated and it is written in the mediation agreement that he will pay me weekly but it’s not through probation where it doesn’t come from his check. However, he has stopped paying me and only pays what he wanted before he completely stopped. Does this mean now the months he hasn’t paid... View More

William N. Sosis
William N. Sosis
answered on Jan 9, 2018

Family Courts do not allow deliberate underemployment. If he claims he can't afford to pay his support his arrears and future payments, income will be imputed to him. Also, child support is the right of the child (not the custodial parent) and can be collected retroactively. If he continues... View More

1 Answer | Asked in Contracts and Consumer Law for New Jersey on
Q: I joined "massage envy" a franchise, in Mount Laurel, NJ in 2015 I pre paid 12 /54.00 sessions. They want to keep 1/2

I wasn't able to go due to illness. I was notified via email and or phone calls but too ill to manage my affairs. I inquired about the membership recently and was told I had to rejoin (spend more) to use my account credits. I thought that was unfair as I was told they never expire when I... View More

William N. Sosis
William N. Sosis
answered on Jan 8, 2018

You should read your contract carefully. If there's an escape clause regarding illness ask your doctor for a letter. If this doesn't work you may need to have an attorney contact them.

1 Answer | Asked in Consumer Law for New Jersey on
Q: my car has been waiting a long time for airbag replacement ,now I was told to not have a passenger ?

I now am worried that passenger side can explode and injure me also, I have an 07 fusion and paid to be able to use all seats safely, delay has been ongoing due to supply after takata bankruptcy. I live in south jersey,beside a loaner is there any recourse?

William N. Sosis
William N. Sosis
answered on Jan 8, 2018

You shouldn't drive the car until it's repaired and you need to speak with an attorney. Depending on the facts and circumstances of your case, you may have a legitimate action for damages against the seller and/or repair shop (e.g. consumer fraud). They shouldn't be dragging their... View More

1 Answer | Asked in Divorce for New Jersey on
Q: Is it possible Divorce after 6 months of marriage without custody battle
William N. Sosis
William N. Sosis
answered on Jan 7, 2018

Absolutely...but it takes two to tango. In other words, if one person becomes litigious then you're both going to be hauled into court. You both need to approach things amicably in order to make a clean and cost-effective break. If you can both do that, then consider using a mediator to... View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I have partial custody of my 10 year old daughter, 40%. Can my daughter's mother move out of NJ without my permission?
William N. Sosis
William N. Sosis
answered on Jan 7, 2018

Tough to answer without additional facts. In general, if you object to your daughter being relocated outside of NJ without your consent, bear in mind that NJ has full jurisdiction over the matter (not the custodial parent) and will consider several best-interest of the child factors when deciding... View More

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: My daughter is 18 and will be attending college this fall. Am I responsible for child support while she lives on campus?

I was never married to her mother...paying 1/2 of everything, not court order(college). Her mother has residential custody. I have joint/legal custody. Thank you in advance for any information you can provide.

William N. Sosis
William N. Sosis
answered on Jan 7, 2018

Absent a court order stating otherwise, child support now ends at age 19 as a matter of law. Prior to 2017 the burden of proving that an "adult-child" should be emancipated fell entirely on the paying parent (in NJ, this was like trying to find the Holy Grail). With the recent change in... View More

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