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Questions Answered by Leonard R. Boyer
1 Answer | Asked in Real Estate Law for New Jersey on
Q: In New Jersey, what percentage of unit owners is required to dissolve a condominium HOA?
Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

That will depend on the bylaws of the condominium HOA.

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New Jersey on
Q: Can a new jersey public school rescind my job offer as a substitute per diem teacher due to a positive thc drug test?

My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.

1 Answer | Asked in Criminal Law, Business Law and Communications Law for New Jersey on
Q: Can I legally record a phone conversation in the state of NJ or NY without the other person’s knowledge?

I am in NJ and the other participant is either in NJ or NY.

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, NJ is a one person consent state, but I cannot advise you about NY law. Good luck.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: How long after a hearing for child support before judge schedules decision? Hearing was May 27 and no response

Motion filed pro se. Judge ran out of time because hearing was held at 5. Said we would be on record with decision following week. Am now told that court is booked and they don’t know when judge will get us back on record. It will be a month on Friday and crickets from court

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

There is no way to know for certain, but the explanation provided by learned colleague attorney Diamond certainly makes sense and is a good possibility. You should either call the Court and speak to the Judge's law clerk. Good luck.

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Any attempt to collect on a debt discharged in bankruptcy can be dealt with by a letter from an experienced bankruptcy attorney warning the creditor to "Cease & Desist" or a contempt motion will be filed with the Bankruptcy Court. Good luck.

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 20, 2022

Your husband needs to retain an experienced criminal defense attorney, but you need to retain your own matrimonial attorney, who has extensive domestic violence trial experience. It is best if each of you retains the attorneys in each field of law who know and have worked together on these type of... Read more »

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1 Answer | Asked in Elder Law for New Jersey on
Q: we are selling our co-op and buying a home with our daughter .If we put mine and my husbands name and hers on deed if

One or both of us go to nursing home can they take her house

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 1, 2022

This a bad move, do not do this or you will deeply regret it. Your daughter is the only one whose name that should be on the deed. Anything else is senseless.

3 Answers | Asked in Divorce for New Jersey on
Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 1, 2022

You need to retain an experienced matrimonial attorney to go over your entire situation, rather than try to provide an answer without complete knowledge of the facts. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 29, 2022

There is no such thing as a suit for alienation of parental affection. I know this from personal experience.

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 29, 2022

New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: in my divorce, my husband had a side business he never paid taxes on but made $80,000 yr. Do I include this as income

My husband is a carpenter in union out of Philadelphia - he also owned a side business that makes $80,000 yr - total $180,000

Do I agree with my lawyer and say he only makes $90,000 per year - and not include the landscaping money - because I will get in trouble for tax evasion- even though... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 17, 2022

Since you are represented by counsel, that is the only person who you should direct your questions to. But if you do not believe that the attorney is acting in your best interests, then you should seek a second opinion.

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain

I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Can I sue a General Agency for terminating my contract and violating the terms of the contract?

I’m a health insurance broker in NJ. My General Agent has without my consent advised the health insurance carrier to alter the expiration date on our contract. The carrier is now holding my commissions and won’t release them as agreed in our contract. Can someone please advise?

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

More facts and an examination of all relevant contracts is going to be needed in order to make a determination if you have a viable cause of action or not. But, from these facts (without knowing any more) it appears as if you might. With modern technology, you can be represented by any high-quality... Read more »

3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 13, 2022

You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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3 Answers | Asked in Bankruptcy for New York on
Q: I was granted an amendment to my bankruptcy. How long do I have to refile the bankruptcy? Is there any time restraints?

My bankruptcy is allowed to be reopened to allow me to add my ex husband as a debtor so I can claim against the sale of our previous marital home which he has sold. Do I need to file this paperwork in a specific time frame? I ask because I am out of money to continue to pay a lawyer to do this.

Leonard R. Boyer
Leonard R. Boyer
answered on May 13, 2022

Your statement needs to be clarified in order for anyone to provide a meaningful answer.

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I filed for a default hearing for my divorce

It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?

Leonard R. Boyer
Leonard R. Boyer
answered on May 12, 2022

The are more steps that have to be followed. Representing yourself in a divorce is unwise. You really need to retain an experienced matrimonial attorney. You are not only emotionally involved, you do not know the Court rules or proper procedures. Trying to save some money can often result in costly... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: I want to Sue a dealership for selling me a junk car. Can I do this? Car is a porsche Macan total $56k investment

Car is not covered under lemon law

Leonard R. Boyer
Leonard R. Boyer
answered on May 12, 2022

Realistically any attorney would need more facts and to review the purchase contract and any other related documents. Significantly more facts would be required. Using modern technology, geographic factors in obtaining an attorney are no longer relevant. You need an experienced civil litigation... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Is filing a motion in court the only way I can get my ex to sign up on “talking parents “ site ?

NJ - been divorced for 8 years.

Ex and I share custody of our only son (15 years old) . I am the residential parent and, he gets parenting time.

This was up to last year in June that is when he moved to the state of Florida.

Until today he didn’t say anything regarding... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 11, 2022

A motion could be made, but you cannot force someone to communicate with you or your son, if they really do not want to. Talking Parents is free on any browser but a Standard ($5.99 a month) or Premium ($19.99 a month) account is necessary to access the mobile app on iPhone or Android. Tips: It... Read more »

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: If I buy a house with my own money can my wife that I have been separated from for one year take half?

I have been separated (not legally separated) for one year and 2 months with my current wife. We have been married for 2 plus years. If I buy a home with my own savings that I had before getting married can she take half when we divorce?

Leonard R. Boyer
Leonard R. Boyer
answered on May 9, 2022

New Jersey is an equitable distribution state, so the answer is "NO". You also should get divorced prior to buying any house, and this market is overdue to colapse.

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