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Questions Answered by Noel Rivers
1 Answer | Asked in Small Claims for New Jersey on
Q: Do I have a case against my ex?

I bought a car off of my ex while we were together. Unfortunately, I never got a written contract or payment receipts. I only have text messages of him saying he will sign the car over to me soon, me asking when he'd sign the car over to me soon, and practically begging for him to sign the car over... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

If you have text messages showing that you paid him for the car and requesting that he give you the car, I would recommend filing an action in small claims court seeking your money back. The text messages will help you prove that you and your ex had entered an oral contract whereby you offered him... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks broke English... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »

1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: I need to file for a "change of circumstance" in child support. Can I get an attorney to help me? I am unemployed.

I am unemployed due to student teaching and do not qualify for Unemployment. My ex has gained new employment, presumeably a higher income, and lowered the children's medical that he is responsible for. He is responsible for the premium (this is what was used to calculate child support) and I am... Read more »

Noel Rivers
Noel Rivers answered on Aug 27, 2019

Based on the information you provided, it appears that you have grounds to bring your ex back to court. I understand your concerns regarding your ex not contributing towards certain expenses for the children. The New Jersey Court Rules break down what expenses are included child support. If you... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers
Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: Must estate distributions (not being contested) be made within a certain amount of time? (NJ)

It’s been over two years since a family members death and the attorney’s letter notifying beneficiaries was received. (NJ)

Noel Rivers
Noel Rivers answered on Aug 5, 2019

There is not a set time period in which estates must be settled and distributions made. Each estate is unique and there could be factors at play that make the administration of the estate more time-intensive. I would highly recommend that you simply contact the estate attorney and ask for an update... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What if the custodial parent lied about the child being in day care & summer camp? Can there be a modification in child
Noel Rivers
Noel Rivers answered on Jul 26, 2019

If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... Read more »

2 Answers | Asked in Consumer Law for New Jersey on
Q: Dealership has not delivered vehicle and it's been over a week since I bought it? What recourse do I have?

I bought a 2009 Jaguar with 62,000 miles. When I bought the vehicle there was minor defects and the dealership agreed to fixing and delivering the vehicle to my home, for the inconvenience of the vehicle not prepared or ready for pickup. I bought the vehicle a over a week ago. I signed for a loan... Read more »

Noel Rivers
Noel Rivers answered on Jul 19, 2019

I highly recommend calling the dealership to check on the status of the repairs on your car. There could be a valid reason for the delay. If you really want to protect yourself, in addition to calling, you can write a detailed letter requesting information surrounding the transaction. Be sure to... Read more »

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1 Answer | Asked in Civil Litigation for New Jersey on
Q: Verbal agreement isn’t being honored how is ownership determined?

Ex fiancé is holding the dog but the vet bills and shots is under my name and the dogs last name is mine our address is the same but I no longer live there, where do I go from here.

Noel Rivers
Noel Rivers answered on Jul 16, 2019

If you want to fight to have the dog back and your ex-fiance won't allow you to have the dog, you would need to file a lawsuit. The issue then becomes how much are you willing to pay an attorney to sue your ex-fiance to get the dog back? If you filed a lawsuit on your own (pro se), you could bring... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: how much would you charge me to write a letter to the owner of the apartment.

I only pay by check. the receipts always come with name, month and wrong value. I want to pay the right percentage that corresponds to the rent increase. for this reason I want to write a letter to the owner. because they want us to move to get new tenants.

Noel Rivers
Noel Rivers answered on Jul 16, 2019

Please feel free to contact me directly for more information on how I can help you with this. Thank you.

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on
Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... Read more »

Noel Rivers
Noel Rivers answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would be... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: In the state of NJ, can a parent be put on child support again if they were taken off over 10 years ago.

The custodial parent wants to retroactive child support after being off child support for 10 years.

Noel Rivers
Noel Rivers answered on Apr 29, 2019

Following a divorce, courts retain jurisdiction to decide matters concerning children, such as child support. If you are being brought to court over child support payments, you should consult with a family law attorney for more detailed information. Each case is unique and you will have a much... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: I am looking to file for child support. Im unsure of what I should be requesting money for besides daycare...
Noel Rivers
Noel Rivers answered on Apr 22, 2019

Child support is calculated using a specific worksheet which takes into account each parent's weekly earnings, the cost of the child's health insurance and who pays for it, and the cost of the child's daycare and who pays for it. The amount of child support is calculated by this worksheet. The... Read more »

1 Answer | Asked in Estate Planning, Family Law and Contracts for New Jersey on
Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ

I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... Read more »

Noel Rivers
Noel Rivers answered on Apr 15, 2019

Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.

1 Answer | Asked in Estate Planning for New Jersey on
Q: If all heirs can't agree on one administrator, will the court appoint more then one administrator
Noel Rivers
Noel Rivers answered on Apr 15, 2019

It certainly is possible that the court will appoint co-administrators if the heirs are unable to agree.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Can the executor of an estate use funds from the estate to make a donation without the consent of the beneficiaries

the executrix of my aunt's estate made a $5000 donation to a charity of her choice, not named in the will, without the consent of the beneficiaries

Noel Rivers
Noel Rivers answered on Apr 15, 2019

No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.

1 Answer | Asked in Child Support for New Jersey on
Q: My ex was paying child support directly to me, but is now sending reduced payment. How can I enforce full payment?
Noel Rivers
Noel Rivers answered on Apr 15, 2019

You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.

1 Answer | Asked in Child Support for New Jersey on
Q: I'm 16 and I have a court date for child support can I go alone or do I have to take my parents with me?
Noel Rivers
Noel Rivers answered on Apr 15, 2019

If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: SubpoenasThe plaintiff in a NJ civil case is trying to subpoena bank records in the state of GA, GA has stated they

don't have to comply with NJ laws. Both parties reside in NJ. What to do?

Noel Rivers
Noel Rivers answered on Apr 15, 2019

There are many companies that can properly serve subpoenas to out of state companies. Often, when an out of state company receives a subpoena that was properly served, it complies with the subpoena. Subpoenas sent without proper service can be ignored by the receiving company.

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