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Questions Answered by Leonard R. Boyer
1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Ex husband is not following PSA to pay for college. Filing motion to enforce litigant's rights. How difficult is this?

In PSA (8/26/14) it was agreed to share college expense. I had suggested he go and speak with HS guidance counselors and discuss college options and he never did anything. He refused to pay for HS college classes in dual enrollment. He has failed to contribute to any expenses. I want the court to... View More

Leonard R. Boyer
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answered on Jul 17, 2024

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 involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for New Jersey on
Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?
Leonard R. Boyer
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answered on Jul 17, 2024

What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either... View More

2 Answers | Asked in Contracts for New Jersey on
Q: Being sued for failure to pay. Started payment plan, don't know form to fill out to answer. Do I still go to court?
Leonard R. Boyer
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answered on Jul 17, 2024

You need to retain an experienced civil litigation and bankruptcy attorney. Without knowing more facts, no one can provide meaningful advice. However, you are not a trained attorney and you are emotionally involved. Even a trained attorney is always told not to represent themselves in a legal... View More

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1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: "Defendant's answer and affirmative Defenses are hereby suppressed without prejudice"

NJ civil action. I could not complete interrogatories/discovery in time. What do I do? I have little to no resources. Discovery period is supposed to run until Sept 5, 2024.

Leonard R. Boyer
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answered on Jun 15, 2024

Contact New Jersey Legal Services and find out if they will consider representing you. Good luck.

1 Answer | Asked in Sexual Harassment and Small Claims for New Jersey on
Q: I took screenshots of a intimate conversation with a girl, was that legal, can I use them as evidence against accusation

Im from Switzerland and here as an exchange Student. A girl here is spreading lies and rumors about me very effectively. We once used to be in kind of a relationship. Now she says we used to be just friends and I started to harass her or force her into things. But I have many very privat... View More

Leonard R. Boyer
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answered on Jun 15, 2024

No one here can answer your question without more facts. Whether or not it is legal depends on numerous factors which no one can tell you based on what you stated and may be considered child porn depending on her age and what is in the pictures. Libel and slander are both hard to prove. Do not do... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I contact someones parents about the wrong doing of their kid? Is it illegal to do this or etc?

My ex-girlfriends friend hacked into her ex boyfriends phone. My ex girlfriend told me this. I feel like I should tell her friend's parents about her wrong doings. Can I do this, it it legally allowed?

Leonard R. Boyer
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answered on Jun 15, 2024

There is still freedom of speech in this country. You can say whatever you want that is protected by the First Amendment, but you may not accomplish anything.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: need a copy of motion to reinstate for Essex County Superior Court in Newark, New Jersey
Leonard R. Boyer
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answered on Jun 15, 2024

Your question is not clear. Do you want a copy of a motion to reinstate that was previously filed or do you want one that you can use as a model? Trying to represent yourself in any case, even if you are a trained attorney is unwise. You need to retain an experienced civil litigation attorney to... View More

5 Answers | Asked in Bankruptcy for New York on
Q: I'm not sure if I should claim bankruptcy. I have just over $16,000 in credit card debt, also I'm paying on my car.

I'm on disability. So I get a check for $1,558 at the first of any month. My rent takes up most of that it's $788 a month. Do you think bankruptcy is right for me? Thank you

Leonard R. Boyer
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answered on Jun 10, 2024

It could be, but more information is required to provide a meaningful answer. Good luck.

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: when the judge says it’s going to trial at a conference what does that mean?

Estate litigation family not getting along .

Leonard R. Boyer
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answered on Jun 1, 2024

It means that you are not represented by counsel and better retain an experienced Probate attorney right away. Trying to represent yourself in such a complex matter can have grave consequences. Good luck.

4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Leonard R. Boyer
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answered on May 31, 2024

Spousal support and child support are NOT dischargeable on Bankruptcy ever. So you have nothing to worry about.

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1 Answer | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son in therapy hired lawyer to take dads home son has no car, no friends, no degree, no job

lives at home pays zero, home is trashed

Leonard R. Boyer
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answered on May 2, 2024

You are need to supply significantly more facts and any and all documentation related to this matter. Expect to pay about an hour of time for an experienced litigation attorney to have a consultation with you. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Hiding assets overseas in divorce matter.

My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More

Leonard R. Boyer
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answered on May 1, 2024

It appears that you are already represented by counsel and if that is in fact the case, then you need to direct your questions to your attorney. Good luck.

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: IF I HAVE COURT ORDER FROM 2007 AND THE WIFE DID NOT SEND ANY LETTER OR DEMAND THE ALMONY 14 YAERS WAT HAPPAND ??
Leonard R. Boyer
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answered on Apr 24, 2024

There really is no way to know without more facts. There is a possibility your ex-wife is remarried. As the old saying goes, "...it may be best to leave sleeping dogs lie". There are no collection efforts or anything from what you are indicating. Good luck.

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

Leonard R. Boyer
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answered on Apr 11, 2024

If you are not represented by an experienced Bankruptcy attorney, then you need to retain one. You should NEVER seek new credit if you have filed a Bankruptcy, but exactly what is or has happened is not at all clear from your question/statement. Good luck.

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2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: Hello, Should I accept a settlement check from Wells Fargo class action suit or am I entitled to more than the offer

Wells Fargo is willing to settle with me for 1,300$ Should I take their offer or am I entitled to more. I have no record of this account or how much money was actually in it.

Leonard R. Boyer
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answered on Mar 22, 2024

Realistically you should take the offer. If you choose to decline the offer and retain counsel and file a lawsuit, your chances of doing better are small and you are NOT likely to get attorney fees. Good luck.

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2 Answers | Asked in Tax Law for New Jersey on
Q: Non relative Canadian Citizen wants to gift funds for my son college tuition. Are there tax implications on our end

My son is a US citizen. Do we pay any taxes on our end. Probably around 40k gifted.

Leonard R. Boyer
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answered on Mar 30, 2024

I agree with my colleague, it is not a tax problem for your son, but the gift would be subject to Canadian law.

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: Generally do non-disparaging clauses include complaints made to a government agencies? Or must a provision be added?

Civil lawsuit, and counterclaim.

Leonard R. Boyer
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answered on Mar 19, 2024

Your question is too vague to answer. You need to elaborate more about what you are speaking about.

2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for New Jersey on
Q: My dad kicked me out of the house at 17 but won't let me proceed with adult measures. What do I do?

I became pregnant at 17 and made my dad aware. He told me that if I kept the baby, I would be out of the house but if I got rid of the baby, I could stay. I decided to keep the baby but asked if I could stay at least until I finished school and he continued to say that if I kept the baby, I would... View More

Leonard R. Boyer
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answered on Jan 28, 2024

You did not mention anything about your mother or the baby daddy, so you need to contact New Jersey Legal Services if you cannot afford an attorney. Good luck.

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?

.

Leonard R. Boyer
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answered on Jan 1, 2024

I agree with my learned colleague attorney Diamond. Even though the property settlement may provide for automatic termination of child support, there is no better way to eliminate the obligation and not have it subject to question than a Court Order. Pick the best attorney you can find and remember... View More

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2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Leonard R. Boyer
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answered on Dec 6, 2023

There is no violation of the Prevention of Domestic Violence Act in this facts. I agree with the previous answer, contact the police. Good luck.

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