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Questions Answered by Teresa L. Reichek
3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My mom wants a divorce, so my dad went psycho and is cutting us off financially, what should we do?

My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Jul 3, 2023

Thank you for your question. Your mother has likely not met the residency requirement for California. She should file for divorce in New Jersey. She should consult with experienced New Jersey counsel ASAP. Along with the Complaint, there are other things that can be filed with the Court to stop... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: how to get custody established with a civil order that's in place ?

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How much child support should I be getting?

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

4 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can alimony stop if your ex has been living with another man for 5 years. She tells people they are married.

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

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1 Answer | Asked in Civil Litigation and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would offer a cash settlement. Not married. Legal?
Teresa L. Reichek
Teresa L. Reichek
answered on Jan 28, 2024

Absolutely not. You should consult an experienced family law or criminal defense attorney immediately.

3 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: Is it best to hire a lawyer to help me file charges against the man that molested my minor daughter?
Teresa L. Reichek
Teresa L. Reichek
answered on Dec 29, 2023

Neither you nor a private attorney can file criminal charges. You make a police report and/or contact the prosecutor's office in the county where the crime occurred.

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2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New Jersey on
Q: My son won't let me see my grandson? I'm live in NJ, do I have a right to see him??

My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Nov 13, 2023

If you have had regular visits with him for a continued period of time, you should consult a family law attorney about a Grandparents' Rights case. The attorney can give you advice tailored to your unique situation so that you can know your options and make an informed decision.

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2 Answers | Asked in Divorce for New Jersey on
Q: I received a final judgement of divorce in NJ, do I have to wait to remarry?

Uncontested divorce

Teresa L. Reichek
Teresa L. Reichek
answered on Sep 26, 2023

No, there is no waiting period to remarry in New Jersey.

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: if two people have a kid, can a parents obligation for child support be lifted if both parties sign off on it?

Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?

Teresa L. Reichek
Teresa L. Reichek
answered on Sep 5, 2023

In New Jersey, child support is deemed the right of the child, not the right of the parent. Therefore, many judges will not sign off on a parent waiving it.

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3 Answers | Asked in Divorce for New Jersey on
Q: Hello, my name is Stacy and I need some questions answered about getting a divorce after 30 years of marriage.

I’m disabled permanently

Teresa L. Reichek
Teresa L. Reichek
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... View More

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2 Answers | Asked in Child Support for New Jersey on
Q: My child’s father hasn’t paid child support in 14 months. Probation is giving me the run around. Called them 12 times.

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

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4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

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... View More

Teresa L. Reichek
Teresa L. Reichek
answered on May 31, 2022

Your friend should immediately schedule a consultation with an experienced family law attorney.

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: In NJ when paying alimony to a ex can the person doing the paying alimony be effected if they live with someone else?

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get a divorce from my husband if we live in different states and can't find him. Have had no contact in 10+ years

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.

Teresa L. Reichek
Teresa L. Reichek
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... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: my daughters dad has told her on at least 2 occasions to lie to me. I have written proof. Is this parental alienation?

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

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2 Answers | Asked in Civil Litigation and Divorce for New Jersey on
Q: Can French citizens who married in NJ get divorce under NJ law?

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

Teresa L. Reichek
Teresa L. Reichek
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...
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4 Answers | Asked in Divorce for New Jersey on
Q: How does one go about getting a divorced spouse to uphold his part of divorce decree, when he is in contempt?

Is there a way without an attorney and additional fees?

Teresa L. Reichek
Teresa L. Reichek
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... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: What if my wife is refusing to sign divorce papers and has no address to send them to. Can I get it by default?
Teresa L. Reichek
Teresa L. Reichek
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... View More

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: Divorce, i want my kids 3 nights my ex wants me only to have 1 night and 2 after school/ dinners Should i get a lawyer?

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... View More

Teresa L. Reichek
Teresa L. Reichek
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... View More

2 Answers | Asked in Family Law for New Jersey on
Q: Divorced: Child just got braces and I (mom) have dental ins. for her . In my divorce decree it states that I have a $250

Deductible. Does this mean that my former husband has to pay what the ins. doen't cover?

Teresa L. Reichek
Teresa L. Reichek
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,... View More

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