Questions Answered by Teresa L. Reichek
Q: Can i sue my father for threatening my mother to give her income tax returns to him
I was living with my mother at the time this happened but i was getting my things to live with my father, and this was recently in late April. I just recently found out from my mother that she was threatened for the dependent tax return money, she did not know she had a right to keep it. My father... Read more »
Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.
If your... Read more »
Q: How hard would it be for me to get full custody and approved for relocation out of New Jersey
Her father only sees her every other weekend but he is always working and never home he doesn’t call or communicate with her only when she’s there no interaction other wise not involved in her life really not even school she has always lived with me and I’ve always financially taken care of... Read more »
Thank you for such an interesting question. I'm sure it must be very frustrating to be in your situation. There are two kinds of custody, physical and legal. Physical custody is where the child primarily lives and who has parenting time. Legal custody is having the right to make big decisions for... Read more »
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 »
Thank you for your inquiry. I’m sure this must be a very frustrating situation for your friend. He will need temporary orders to set parameters pending the end of the divorce. The issue of his parenting time, and other things, can be addressed with a motion. There are many factors effecting the... Read more »
Q: My husband and I have been married for 6 years and separated for 1 year of those 6 I would like to file an annulment.
I’m not going to take him for child support and am working with him on getting the children in the weekends.
In order to get an annulment in New Jersey you need one of the underlying grounds. These are:
1. Fraud or lies were used to trick one of you into agreeing to the marriage;
2. Bigamy;
3. one of you was under 18 when you married and you have not had sexual relations since... Read more »
Q: What happens if I cannot afford a divorce?
I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »
You should consult with a qualified family law attorney sooner rather than later. There are too many factors involved to be able to adequately respond to your questions because each case is unique.
Daycare costs are generally split in proportion to your respective incomes. This is on top... Read more »
Q: How as the daughter in college at age of 21 turning 22 can I receive the child support money?
My father is required to pay child support to my mother, but she moved to South Carolina and I live in New Jersey, and she does not pay towards my college. How can I be eligible to receive all of the money when she pays none of my bills and uses half of the money to pay her rent to a place I do not... Read more »
You should consult with an experienced family law attorney who can assist your father in filing a motion to emancipate you and terminate the child support. There are multiple factors involved. Many firms, including mine, offer free consults to give you a better idea of what is involved.
Q: Ex-wife remarried moved out of state child no longer lives with her am I required to pay child support
You are required to pay child support until and unless you get a new court order. Given the change of circumstances you have described you should consult with an experienced family law attorney to file a motion to modify your prior order and give you a credit for any support paid after the date... Read more »
Q: I have a court order for permanent alimony for the past 11 years. Ex-husband wants me to agree to terminate alimony.
Ex-husband left his job two years ago and voluntarily, took a buyout and did not get another job. He continued to pay the alimony but now he wants to stop paying. He's an engineer by career and is now looking to be a yoga instructor/massage therapist. I am on SS disability for a permanent... Read more »
Your ex-husband is willfully underemployed. He could make a motion to terminate your alimony, but he would have to show a permanent change in circumstances that is not his doing. He can move to terminate alimony if he claims to be retired, although he has not reached the customary age to do so.... Read more »
Q: My son is currently incarcerated, his ex girlfriend is seeking sole physical custody and wants to Florida with the kids
Ages ,16, 12, and 6. Can the courts stop her from doing this?
There are rules when relocating with children out of state. She needs permission from the other parent or a court order. He can file opposition to her application, and if she didn't file an application he can file a motion to stop her.
You can also file a grandparents' rights petition.... Read more »
Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?
The opposing party has 35 days to file a responsive document. Once he or she files an Answer, Counterclaim, or just an Appearance the matter will move forward. You should always consult an experienced family law attorney. There are other documents that need to be filed, even if you both agree.... Read more »
Q: I need a divorce but have no income..pls help
You need to contact the legal services office in your home county to see if you qualify for their services. If not, they should have information and resources that can help you.
https://www.lsnj.org/LegalServicesOffices.aspx
Q: Am I entitled to child support after not going after it for 16 years?
16 Years ago, I had agreed not to receive support, and he wouldn't exercise visitation or custody, both understanding either could change their mind. My daughter now wants to meet him, but he refuses and has stopped answering texts or calls. Are we entitled to support after going years without it?
New Jersey does not do retroactive child support. You are entitled to support from the day you file your first request.
Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help
I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?
You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be... Read more »
Q: I was just arrested for non payment of child support missed 1 work day is it lrgal to be fired for this
My boss was asked by state of nj for garnishment never paid it
NJ is an "at will" employment state. You can be terminated for any reason or no reason (except exist, for example being part of a protected class). If you feel you have been treated unjustly then you should contact a qualified employment attorney.
If your check was supposed to be garnished... Read more »
Q: My boyfriend has a son but the mother has custody of him. He pays child support but he also has backed up child support.
How can we go about getting full custody.
You should hire an experienced family law attorney to file an application for a change in custody and child support. He will still owe the child support arrears, but if the Judge grants him physical custody then she will owe him child support and it will start to even out his arrears. There are... Read more »
Q: How do I get certified copy of name change certificate, that was issued as part of naturalization?
How do I get certified copy of name change certificate, that was issued as part of naturalization? Right after naturalization I was able to get US passport with new name as well as updated my name with Social security office. Lost that certificate and now DMV needs that certificate? USCIS won't... Read more »
You need to go to the authority that authorized the name change. If you changed your name incident to divorce then you go to the family division in the county where you were divorced.
If you changed your name in the court and it did not involve a divorce then you need to contact the law... Read more »
Q: What will happen in court on the June 24th. Will the judge grant him.
We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to... Read more »
I do not know what you are referring to by "claim". The hearing you go to will likely decide if a full plenary hearing is needed. But you need to file opposition paperwork without delay. I suggest you contact an experienced family law attorney in the county where the court hearing is being held as... Read more »
Q: What can I do if I'm paying child support and cannot afford living arrangements for myself
living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed
You need an experienced family law attorney who can file an action to modify your child support obligation in light of your circumstances and address any other lingering issues with relation to the best interest of the child(ren).
Q: If mother has no custody but visits the child once a month can I file for child support ?
As long as her parental rights have not been terminated you can request child support. Parenting time has nothing to do with child support. Even if she never saw the child you could request child support. File in the county where the child resides.
There can be many things that a layperson... Read more »
Q: how do i move with my dad away from my abusive mother
Until and unless there is a previous court order stating otherwise, your parents share legal and physical custody of any minor children they have in common. There is nothing stopping you and your dad from moving out. If you or your father ever feel that you are in danger from your mother do not... Read more »
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