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Questions Answered by Noel Rivers

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 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 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 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 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 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 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 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 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.

1 Answer | Asked in Probate for New Jersey on

Q: What can I do if someone is the executor and run off with the money and don't pay any bills?

My sister's friend didn't pay for taxes, last bill, or property taxes. She is no where to be found. I have sent certified notifications to her last know address with no response.

Noel Rivers answered on Apr 15, 2019

If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the... Read more »

2 Answers | Asked in Divorce for New Jersey on

Q: 18mth phys sep NJ, wife of 8yr, payin 150/mth based on verbal.Wil I hav 2pay mor once divorced? I make 2x’s mor then her

I have been physically separated in NJ for 18 months, paying $150/month to my wife of 8 years. I want to file for divorce. Will I likely have to pay much more than that in alimony since my wife has been able to live with her income plus my $150/month I have been paying her without financial... Read more »

Noel Rivers answered on Apr 15, 2019

There is no precise calculation the courts use to set alimony payments. Rather, the courts use a series of factors to consider when deciding on whether to award alimony and how much alimony to award. You should consider having a free consultation with a family law attorney to obtain more... Read more »

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