we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... Read more »
answered on May 22, 2023
Thank you for your question. It sounds like there are several variables in your matter. A consent order for civil restraints is generally not entered without the consent of both parties. That being said, the best thing to do is have a consultation with an experienced family law attorney who can... Read more »
1 child, 50/50 custody, I don’t currently work however I am comfortable using $50K as my yearly salary. I am remarried w 2 other younger children (7&4). My ex husband is not remarried but his fiancé and daughter live with him. Originally our salaries were $150K & $50K, now my ex husband... Read more »
answered on Apr 11, 2023
Thank you for your question. Since your ex-husband is being evasive, you can force the issue and make him produce his tax returns provided it is in your original Marital Settlement Agreement by filing a motion. You can also include in the motion a request to recalculate child support. There are... Read more »
My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just... Read more »
answered on Mar 29, 2023
Hi, thank you for your question. I can see why this is very frustrating. In NJ, alimony can be reduced or terminated if the party receiving it can be shown to be "cohabitating" which means they have a shared financial life. They do not have to be officially living together, and many times... Read more »
Spoke to someone in November 2021 they said I would receive a court date in a few weeks. In January 2022 someone else said they need to look into it. February 2022 they need to verify address/phone number that I gave them. March 2022 somehow didn’t have a record of the address so I provided it... Read more »
answered on Jul 27, 2022
I know this must be very frustrating. The quickest way around the red tape in the probation department is to file a motion for enforcement. You should consult an experienced family law attorney for more information on doing that. Part of your motion can include a request for the other party to pay... Read more »
In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... Read more »
answered on May 3, 2022
You are correct, that cohabitation only affects the person receiving alimony. The reason for that is that if alimony is to help a divorced person maintain the marital lifestyle, then if they are cohabitating with a new partner, they are in a 2 income household again, and therefore do not need the... Read more »
I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.
answered on May 3, 2022
Thank you for your question. The answer is YES, you can get divorced under those circumstances. There are procedures that need to be followed, which an experienced matrimonial attorney can explain to you. The best course of action is to consult with someone that specializes in family law so you... Read more »
My daughter just turned 10. My relationship with her dad lasted 12 years and it was toxic and I was abused by him. He was a pathelogical liar. Well now he is coaching my daughter to lie and I have written proof for 2 incidents. My daughter is now lying so bad it is hurting me to see. Her dad... Read more »
answered on Apr 26, 2022
Thank you for your question. It sounds like it is very stressful not to have much decision making in your child's life. Proving parental alienation is a complex, and largely undefined endeavor. It sounds like you might want to make a motion to change parenting time or custody. That process... Read more »
I’m disabled permanently
answered on Feb 22, 2023
Thank you for your question. As you did not specify what your questions are, my best advice is to schedule a consult with an experienced family law attorney to determine your rights and options as far as divorce is concerned. There are many factors that go into potential outcomes, such as length of... Read more »
My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »
answered on May 31, 2022
Your friend should immediately schedule a consultation with an experienced family law attorney.
We are both French citizens of no immigration status in the US. I reside in France while my husband resides in United Emirate. Can I proceed with divorce in NJ ? Does US have jurisdiction over the assets and properties in France should we get the verdict? Thank you
answered on Apr 12, 2022
It is unlikely. New Jersey divorces couples who were legally married anywhere, as long as they satisfy the residency requirement. With rare exception, that means that at least once of you would have to live in New Jersey, and have been here for at least 12 consecutive months.
You should... Read more »
Is there a way without an attorney and additional fees?
answered on Apr 12, 2022
Thank you for your question. I can imagine this must be very stressful. You need a Motion to Enforce Litigant's Rights. Can you file it yourself, yes, the court rules allow it. Should you, absolutely not. There are multitude of reasons why you are more likely to get better results by utilizing... Read more »
answered on Mar 31, 2022
Thank you for your question. I'm sure the situation must be very frustrating for you. You may be able to get a divorce by default, but you have several steps that must be completed first. You will need to do a diligent inquiry as to her whereabouts, then provide proof of same to the court. You... Read more »
Started meditation we agreed on everything except parenting time .. i would like 3 over nights a week , she wants me to only have one overnight on the weekend and 2 afternoon/ nights during the week but kids have to be home for bed time .. i dont no what to do.. i really dont wanna get lawyers... Read more »
answered on Feb 22, 2022
Thank you for your question. Negotiating divorce terms can be very stressful and you are to be commended for coming to an agreement on all other issues. According to NJ Statute, it is a matter of public policy to assure that minor children have frequent and continuing contact with both parents... Read more »
Deductible. Does this mean that my former husband has to pay what the ins. doen't cover?
answered on Feb 14, 2022
Thank you for your question. Children's unreimbursed medical and dental expenses can be confusing. The $250 you referenced is likely the standard $250 mentioned in the appendix of the child support guidelines worksheet. If you are receiving child support per the guidelines, which is likely,... Read more »
To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »
answered on Aug 23, 2021
Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.
The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over... Read more »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
