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Questions Answered by Leonard R. Boyer
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.

3 Answers | Asked in Divorce for New Jersey on
Q: Can I get a divorce from my husband if we live in different states and can't find him. Have had no contact in 10+ years

I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.

Leonard R. Boyer
Leonard R. Boyer
answered on May 2, 2022

Yes, it doesn't matter where he lives or if you cannot find him. An experienced matrimonial attorney can handle this obstacle with the proper procedures. The sooner you retain counsel the sooner you will be able to be free to get on with your life.

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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Family court domestic violence domestic abuse custody: is there a motion in it that can be filed in court

Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?

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

The focus in a Domestic Violence Trial, for a Final Restraining Order is very narrow. If the Court decides that you are entitled to an FRO, then you could be entitled to full and exclusive possession of the former marital residence. You and your children do not have to be the ones to leave. So you... Read more »

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will someone who received a “contempt of a DV order and an updated report be arrested at anytime or will the judge wait

On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... Read more »

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

He can be arrested at any time. Domestic violence is taken very seriously by the Court. You need to retain an experienced matrimonial attorney with extensive Domestic Violence trial experience. This is not something to handle on your own.

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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

Is there any time frame for decision?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

This question was previously asked and answered. Repeating it will not change anything.

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. Still no judge decision.

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.

1 Answer | Asked in Tax Law for New Jersey on
Q: LLC sales tax question

I have just opened my LLC online. as a Ltd. Liability Co. - Single Member.

I am confused. When I am supposed to pay my sales tax? every quarterly online? Do I pay under my EIN number? I was told two different things- pay using EIN quarterly- 2: use your SSN and on Form 1040. so i dont know... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

Any LLC that is not at least a 3-member LLC is not worth the paper it is printed on. Sales tax must be paid quarterly. Your question is the least of your worries. If you do not have a properly custom drafted LLC by an experienced New Jersey attorney and have your intellectual property properly... Read more »

1 Answer | Asked in Foreclosure for New York on
Q: what a notice of presentment and a notice of dishonor means in leyman terms?

paragraph 9 or 10 in the note the waiver notice of presentment and notice of dishonor means in leyman terms

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 16, 2022

You cannot determine the specific meaning without seeing the entire document. Any attempt to speculate is not going to be useful.

4 Answers | Asked in Divorce for New Jersey on
Q: How does one go about getting a divorced spouse to uphold his part of divorce decree, when he is in contempt?

Is there a way without an attorney and additional fees?

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

No, you need an attorney to file and argue a Motion to Compel compliance and obtain a Court Order with real "teeth" behind it. You cannot handle a case that you are emotionally involved in, as well as not being a trained matrimonial attorney. With modern technology, you can be represented... Read more »

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