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Questions Answered by Andrew M Shaw
2 Answers | Asked in Family Law for New Jersey on
Q: I want to know if the father does not sign the birth certificate, do they have any parental rights?
Andrew M Shaw
Andrew M Shaw answered on Jun 3, 2020

Yes, if that person can establish he is the father of the child, it is not relevant whether he signed the birth certificate; he will have parental rights (and obligations, for that matter).

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3 Answers | Asked in Divorce for New Jersey on
Q: I have an asset overseas... is that part of any divorce settlement?
Andrew M Shaw
Andrew M Shaw answered on May 26, 2020

It depends on when and how you acquired that asset, but in most circumstances, the answer is yes.Generally, all property acquired during the marriage is subject to equitable distribution regardless of its location. There are, however, some exceptions. For example, property acquired before the... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Can G4 visa holders file for divorce in NJ.

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Andrew M Shaw
Andrew M Shaw answered on Mar 27, 2020

Yes, absolutely. The fact that you reside in the United States under a G4 visa has no impact on the jurisdiction of the State of New Jersey to grant a judgment of divorce. Generally, the sole requirement for jurisdiction over a divorce in New Jersey is residency for a period of one year.... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: My husband divorced me 14 years ago. I am still living with him because he never paid me my settlement. Can you help me

I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.

Andrew M Shaw
Andrew M Shaw answered on Jan 15, 2020

Of course. Although it was signed fourteen years ago, you may wish to enforce the settlement agreement. In the divorce context, settlement agreements are enforceable to the extent they are deemed fair and equitable by the Court. Seeking enforcement would require filing a motion with the Superior... Read more »

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3 Answers | Asked in Family Law for New Jersey on
Q: What do I have to do to collect on back alimony that my ex husband did not pay and is there a time limit on it?

The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.

Andrew M Shaw
Andrew M Shaw answered on Jan 15, 2020

To collect unpaid alimony, you must file a motion to enforce the obligation with the Superior Court. Under Court Rule 5:3-7(b), the Court an impose any of the following remedies for nonpayment of alimony: "(1) fixing the amount of arrearages and entering a judgment upon which interest accrues;... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: On a CIS is the Joint Life Style the average of how we lived or the way we lived at the end of the marriage?

I'm getting divorced. In the final 5 months of the marriage we had moved to an upscale apartment after living in a cheaper one for the other 6 years of marriage.

Andrew M Shaw
Andrew M Shaw answered on Jan 13, 2020

Unfortunately, there is no clean answer to your question. The left column of the expenses section of your CIS is meant to accurately reflect the marital lifestyle. It does not specify what period of time during the marriage should be used to calculate the numbers. That said, the answer should be... Read more »

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2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: If mother has no custody but visits the child once a month can I file for child support ?
Andrew M Shaw
Andrew M Shaw answered on Jun 6, 2019

Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Hi I’m a recently divorced mom of two children. My divorce was finalized on May 12 and I share custody with my x husband

Due to verbal abuse I fled my home as he refused to leave. He now has the house and I rent. I’m not working quite f/t yet but taking as many hours as I can. He is supposed to pay for reasonable child activities but either says no or doesn’t answe me. Please can you help? I had to borrow the... Read more »

Andrew M Shaw
Andrew M Shaw answered on Jun 4, 2019

You should likely first have an attorney write a letter to him on formal letterhead, sent via regular and certified mail, demanding immediate payment and threatening to take legal action if he does not comply with the divorce judgment. Second, if he refuses or fails to respond within a specified... Read more »

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