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Questions Answered by Teresa L. Reichek
1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: In the state of New Jersey I pay child support but can’t offord it

I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why

Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: I called my daughter like I do everyday come to my out my wife left the state of New Jersey with permission a call nothi
Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

Thank you for your question. Your question is not clear if the other party left the state temporarily or moved out of state. If she moved out of state permanently without your permission and without a Court Order then you will want to file an Order to Show Cause. That is essentially an emergency... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: NJ jurisdiction vs Fla jurisdiction. No one will address Family Law issues on divorce and custody

My niece has 2 children from previous marriage. Ex-husband filed divorce in Florida in 2017. She & children already lived in NJ, but Fla granted divorce & visitation agreement. NO ONE will address matters where ex husband & his attorney keep filing in Fla and demanding she respond, yet... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 21, 2021

Thank you for your question. Without having all the relevant information, it sounds like NJ has never taken jurisdiction because no one has asked them to do so. A petition to transfer the case from Florida to New Jersey must be filed. Then Florida will relinquish jurisdiction. Until then they,... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: Is there a formula to determine child support in NJ when the children are living at college for part of the year?

I currently collect child support for 2 children aged 17 & 20. Both plan to attend college in the fall and live on campus. I've been divorced from their father for 12 years. For the first 6 years I had a court order which a received mostly alimony and child support. When the alimony... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 20, 2021

Thank you for your question. Situations like yours can be confusing. There is not a specific formula when children are residents at college. We use what is called the Jacoby analysis. It is named after a case involving this issue. It is based on actual costs and expenses for the child in question.... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hi, is there any lawyer who speaks Turkish around Cliffside Park, NJ. I need a lawyer who knows domestic violence

I am under threatened with eviction by my husband. He told me he will sell his house and throw out my belongings. Can he do this? He wants to divorce without alimony. I am a housewife, 49 ages and a gammy person now. I had a bicycle accident and my husband is a causator (obsolete). He is... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 5, 2021

I will keep my answer brief due to the language barrier.

Contact http://www.manavi.org/

Hotline: 1(732) 435-1414

They may be able to help with an interpreter and a safety plan.

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3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: I have joint custody of my 16 and 11 year old children in NJ. My ex wants to move out of the country with the kids.

We both own homes a couple miles apart. The kids stay with me about half the time. Can she move without my consent?

Teresa L. Reichek
Teresa L. Reichek answered on Jan 25, 2021

Thank you for your question. I'm sure the thought of your children being so far away from you is very worrisome. The short answer is no, she cannot move with the children, out of New Jersey without either your permission or a Court order. That being said, you may need to proactively file to... Read more »

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4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Dec 28, 2020

Thank you for your question. The 4 year old child you mention already has 2 parents. You are not biologically or legally related to him. Unless you marry your girlfriend, adopt him, and then divorce you would not owe child support for that other child.

That being said, you should legally...
Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Can a mother keep a child away from a non biological male that was put on a birth certificate for insurance reasons.

My girlfriend was married about 10 years ago. Stayed in the marriage for about a year. Never divorced. She dated 2 years later and got pregnant. The real father doesn't know and left before she knew she was pregnant.. The husband that she never divorced came around, put his name on the birth... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Dec 18, 2020

Thank you for your question. There are many moving parts in this scenario. The quick answer is that child is legally a product of the marriage. He was born during the marriage which makes the husband the father by rebuttal presumption. Then the mother confirmed he was the father by adding him to... Read more »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

Teresa L. Reichek
Teresa L. Reichek answered on Dec 18, 2020

Thank you for your question. The simple answer is you need an adjournment because you were not properly served. You can contact the Court directly and explain that you were never served. They will likely put you in touch with the Judge's law clerk.

The best thing to do is to consult...
Read more »

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2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.

Teresa L. Reichek
Teresa L. Reichek answered on Nov 20, 2020

Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hi. I have shared custody with my Ex. What are the relocations laws in Jersey?

I am divorced and the primary custodial parent and my ex has visitation. Our son is 13 years old. I am remarried and we would like to move out of state in a couple of years. My son would also like to. If my ex doesn’t consent, at what age would my son be able to express in the courts his desire?... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Nov 9, 2020

The standard in New Jersey is the best interests of the child. There are any number of things that could go into that analysis. If the other parent will not consent, then you need to file a motion to obtain a court order. The Court will take into account the child's preference at the age of 12... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: I have arrears my son was living with me since 2007 child support didn't stop until he turned 18

It didn't stop until 2009 I have a warrant now and I don't think I owe this money HELP ME PLEASE! THANK YOU

Teresa L. Reichek
Teresa L. Reichek answered on Sep 15, 2020

Thank you for your question. I'm sure that is a very stressful situation. You should immediately contact the probation department and make sure they know that your son is over 18. If you are on amicable terms with the other parent you should also ask him or her to contact probation and suspend... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I live in florida my kids were born here my ex took the kids to new jersey applied for food stamps and medicaid then

Left the state and moved without any notice i have not seen or talked to my two boys in almost 10 years i need to get a reduction on my support order how do i do that

Teresa L. Reichek
Teresa L. Reichek answered on Sep 3, 2020

Thank you for your question. That sounds very frustrating. You need to consult an experienced family law attorney in the state where your child support order originates. If it is a NJ order then seek counsel in NJ. Also, consider that if you are still paying child support then your ex is receiving... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: there has been interference with custody and contact of my children by my exhusband. we have 50/50 what is my next ?

what is my next step with getting this rectified?

Teresa L. Reichek
Teresa L. Reichek answered on Sep 2, 2020

Thank you for your question. I am sure this is a stressful situation for you. I do not have enough information to give you a complete answer. What I can tell you is that if your ex-husband is not following the court order you can start by going to the police and making an "incident... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: Does NJ Initiate a court hearing for unpaid child support, or does the plaintive half to do it?

My mother and father have been divorced for many years, my father (parent to pay C S) recently received a letter from the State of New Jersey stating he needs to appear in court regarding unpaid child support. Is that something my mother (parent receiving C S) would have had to file or would the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 2, 2020

Thank you for your question. It could have been either one. The probation department might have commenced an enforcement proceeding if your father is in arrears on his support. It is also possible that your mother filed an enforcement motion because your father is in arrears and she wants that... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: Child Support in NJ ended when my daughter turned 19 this year. Can Mom get a new Child Support order in Massachusetts?

Hi, Mom and daughter moved from NJ to Massachusetts 2 years ago but I continued paying child support in NJ. NJ order ended when she turned 19. Now the mom has submitted a new order in Massachusetts. Is she eligible for more child support? I am paying for college and offered to help, but she... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 1, 2020

It is unlikely that Massachusetts would enter a new support order as most states do not compel support after the age of 18. That being said, I am not licensed in Massachusetts. You would need to speak to an attorney licensed in that jurisdiction for a complete analysis.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Im on child support but my child mother has abandoned her son ain’t seen him since June 7 haven’t called or reached Out

It’s not the first time it’s happened she did it back in 2019 I lost job I pay child support my son in daycare from 8 to 530 and I take him the weekends every week when I got off on Friday she wanted to take a overnight job and she wanted me to keep my son sun until thrusday and still pay... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 29, 2020

Thank you for your question. This situation must be very stressful for you. The short answer is that you need to file a motion to modify the prior order to give you custody and adjust child support accordingly. That being said, your case has a lot of moving parts, so you should consult with an... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: ex wife remarries and has 3 more kids apart mine and and never reports her remarriage is that legal

She has never worked a day in her life and her new husband has increased her household income

Teresa L. Reichek
Teresa L. Reichek answered on Jul 26, 2020

If you are asking if she allowed to get remarried, the answer is yes. If you are asking if she should still continue to receive alimony, the answer is no. There are several things to consider in your situation.

In order to approach it in a way that is most likely to be successful for you,...
Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get alimony?

Me and my husband have been separated for 2 years he threw away all of my belongings and I just found out today that his girlfriend is two months pregnant and wanted to know if I can get alimony from him?

Teresa L. Reichek
Teresa L. Reichek answered on Jul 26, 2020

There are several factors involved in an award of alimony. Your husband's new child is not one of those factors. The short answer is that it is unlikely. Even assuming you would have been likely to receive alimony when you first separated, had you gotten divorced at that time, you have now... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: Can a 14 year old child decide which parent to live with
Teresa L. Reichek
Teresa L. Reichek answered on Jul 20, 2020

Good question, unfortunately the answer is not simple. In New Jersey a 14 year old is allowed to make his or her preferences known to the Court. The Court is required to consider those preferences, but does not have to agree with them. The most efficient way to make sure the Judge known's the... Read more »

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