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Questions Answered by Noel Rivers

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 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 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 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 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 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 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 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 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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