Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leonard R. Boyer
1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: My husband has been unemployed for 6 years. I filed for divorce and he is in default. Now suddenly he has a good job. I

I already sent in equitable distribution papers asking for things at a lower level . Can I change the papers

Leonard R. Boyer
Leonard R. Boyer answered on Oct 16, 2019

Although you can amend the document, you really need to retain an experienced matrimonial attorney. You are emotionally involved, do not know the rules of court, case law and many more factors.

1 Answer | Asked in Child Support for New Jersey on
Q: my ex husband filed a motion to stop paying child support bc my daughter moved in with him but stays with me on weekend

My daughter is in college and I moved further away from her school so she is staying with her dad bc he’s closer but she still comes to me on weekends and stays with my mom one day a week. Can a judge stop child support or reduce payments bc she’s not with me full time now

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

Yes, with a motion based on changed circumstances, your child support will be reduced. The main thing is that your daughter's college education is being paid.

1 Answer | Asked in Contracts for New Jersey on
Q: we hired a contractor for our kitchen project, he got paid fully but kitchen it is not finished 100%

Kitchen floor is not flat, there are bumps since some tiles higher then others. Contractor blames the tile product. He installed hood over the oven but it is not centered, instead of fixing it permanently, came up with a temporary solution that didn't fix it, Each time we open the cabinet door it... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2019

You are in luck, because under NJ law, there is powerful protection in place on your side. The two most important laws are the N.J. Home Improvement Contractor Act, which almost no home improvement contractor's contract is in compliance with. The Second law is The N.J. Consumer Fraud Act, which... Read more »

2 Answers | Asked in Bankruptcy for New York on
Q: I recently filed a Ch 7 bankruptcy with an attorney and it was recently discharged. I requested an adversary proceeding

and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously need the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 9, 2019

Brunner Test is an extremely difficult burden to meet, and even if you can met it, you will almost certainly not have all your debts wiped out. In addition, an adversary proceeding requires a significant retainer and there are no guarantees for success. The Brunner test has three parts that... Read more »

View More Answers

6 Answers | Asked in Bankruptcy for New Jersey on
Q: Why is my bankruptcy lawyer pushing me to sue my last employer and amend my current bankruptcy filing?

I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 7, 2019

You are free to change your bankruptcy attorney at any time. It is the Bankruptcy Trustee, not your attorney that has the most to gain if you have a valid employment discrimination case. While your bankruptcy attorney will have to perform some additional legal work, she will not gain much, unless... Read more »

View More Answers

2 Answers | Asked in Immigration Law for New Jersey on
Q: If a person meets all the requirements for AVR, travels to country it applies to, can they be denied re-entry to US?

If a person meets all the requirements for Automatic Visa Re-validation and travels to a country it applies to, is it 100% guaranteed that they will be able to re-enter the US? I know immigration is a tough/sticky topic right now. CBP can detain anyone they seem suspicious right? I want to travel... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 4, 2019

There are no 100% guarantees in law of anything else. Well, except that life ends in death.

View More Answers

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hi, I am a green card holder of ten years would like to file for citizenship but needs mum info which she wont give me.

I need my mum citizenship info to full my form n400. She wont help me . Her date she got citizenship . Is there any way to file without her help..please help

Leonard R. Boyer
Leonard R. Boyer answered on Sep 27, 2019

This is not going to be something that you can handle on your own. You really need to retain an experienced immigration attorney to represent you in this matter. Immigration law is far more complex and nuanced then just filing out forms. Immigration law is changing almost daily and you are... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can I sue my brother for domestic violence?

I was assaulted yesterday by my brother and I had to have him arrested. He was charged with domestic violence because I had injuries that had to be taken care of. When I went to the hospital they glued the cuts in my ear and I had severe swelling. I also had a lump on my head which was all... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 25, 2019

First of all you need to retain an experienced matrimonial attorney to represent you in seeking the Final Restraining Order, who has extensive trial experience. While it is true that social security is generally exempt from creditor's claims, if you also work with an experienced criminal defense... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: My wife moved her relative into our home without consulting me and against my wishes. Can I make the relative leave?

The relative and I have not been on good terms for years.

The relative brought pets with her in addition to the 5 that we already had and it is creating a very unsanitary and tense situation in our home.

I have asked the relative and my wife numerous times for the relative to leave... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 18, 2019

You will need to retain an experienced landlord tenant attorney to represent you in this matter. However, since you and your wife are probably co-owners of the house, it may not be so simple and straight forward. Good luck.

View More Answers

1 Answer | Asked in Consumer Law and Child Support for New Jersey on
Q: What can I do about my bank account being levied even though I pay my child support plus extra to cover the past due.

I get garnished. If they levy my account I’ll be homeless in a months time I barely make enough money to survive as it is

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

Depending on your overall circumstances and how the numbers work out, you have 2 main choices. The first one is to retain an experienced matrimonial attorney to file a motion based on changed circumstances to reduce the amount of child support. The alternative, which would depend on your overall... Read more »

1 Answer | Asked in Construction Law for New Jersey on
Q: How do I file a lien on a property in nj for a unpaid balance for work that was done by my company

Bank issued a payment for the work that was done but the homeowner will not turn over the check to me, so I would like to file a lien on the property so that the bank can not release any funds to another contractor until I have been paid

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

You should consult an experienced civil litigation attorney prior to taking any action. I presume that you are a home improvement contractor. If that is the case, your contract must be completely compliant with the N.J.S.A. Home Improvement Contractor Act, otherwise, you are also risking violation... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I pay child support on time every week. But, the mother is always asking for more money. Do I have to give it to her ?

We have joint residential custody. At the time of our hearing, about 10 years ago, I was making more money. Now, she makes more and has her own business. I still pay child support and go half with her on everything else. Camp, clothes, birthday’s, I pay the medical bill, etc. when, my kids are... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

Unless and until she obtains a new Court Order, you are not obligated to pay her more. Child support has nothing to do with what type of parent you are. If you believe you are paying too much now, based on your current income, you should retain an experienced matrimonial attorney to represent you... Read more »

View More Answers

2 Answers | Asked in Child Custody for New Jersey on
Q: I go a letter from nj with both "custody" and "parental time" from her dad whose in jail and his mom can they get 100%

Is this for visitation or full custody? Her father is in jail awaiting a case of domestic violence against me! Can his mom take her? If so, why would she be able to? I work and provide myself and get food and a home, clothes and toys. She's the happiest kid you'll meet. She's fat and healthy. I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 15, 2019

Your not yet ex-husband and his mother have ZERO chance of getting custody or visitation.

View More Answers

1 Answer | Asked in Business Formation for New Jersey on
Q: I’m not sure if I should set up a separate llc from my original or if I should add it under my current llc
Leonard R. Boyer
Leonard R. Boyer answered on Sep 12, 2019

What I almost always recommend to clients with very rare exceptions is to form a "C" Corp (INC) and have the "C" corp own each LLC, with no more than 1 project in an LLC at any one time. The LLC must be at least 3 members. This puts two layers of corporate protection between you and any problems.

1 Answer | Asked in Animal / Dog Law and Family Law for New Jersey on
Q: How do I subpoena dog bite records from another state of my daughter for civil suit?

She was in Pa I’m in NJ.

Leonard R. Boyer
Leonard R. Boyer answered on Sep 11, 2019

This is not a self-help project! Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is... Read more »

3 Answers | Asked in Bankruptcy for New York on
Q: Now about tolls,can I put that in a bankruptcy? Thanks
Leonard R. Boyer
Leonard R. Boyer answered on Sep 9, 2019

Yes, EZ-Pass Fines and Penalties (absent fraud are dischargable). You really need to retain an attorney to represent you in this matter, since there is a lot that can go wrong.

View More Answers

3 Answers | Asked in Bankruptcy for New York on
Q: Is a red light ticket a priority debt or non priority debt
Leonard R. Boyer
Leonard R. Boyer answered on Sep 9, 2019

It is a debt that is not discharable in bankruptcy!

View More Answers

4 Answers | Asked in Bankruptcy for New York on
Q: I need to file for bankruptcy as soon as possible to stop the sell of my house and I can't afford another attorney

I need step by step instructions to file it and can it be done online

Leonard R. Boyer
Leonard R. Boyer answered on Sep 6, 2019

You cannot afford not to have an attorney. Bankruptcy is far too complex for you to possibly handle. It is much more than filing out forms.

View More Answers

1 Answer | Asked in Child Custody for New Jersey on
Q: Can a defendant impeach a plaintiff after the plaintiff testified?

In a child custody case can a defendant impeach a Plaintiff using evidence once the plaintiff finish testifying?

Leonard R. Boyer
Leonard R. Boyer answered on Sep 1, 2019

Yes, that can be done, but only by an experienced matrimonial trial attorney. Trying to represent yourself in any matrimonial or family matter is an extremely bad idea. You do not know the rules of Court, Evidence, Procedure or Case law.

2 Answers | Asked in Immigration Law for New York on
Q: I am petitioning for my mom. my siblings are 13 and 1 1/2 will they be able to come as a derivative on her application
Leonard R. Boyer
Leonard R. Boyer answered on Aug 30, 2019

There is an insufficient factual basis to answer your questions. You situation will require an in person consultation and document review by an experienced immigration attorney.

View More Answers

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.