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Questions Answered by Teresa L. Reichek
1 Answer | Asked in Child Custody for New Jersey on
Q: Can I get child support from ex-husband if he refuses to leave our martial home? He said he would in paperwork 1yr. ago.

He has joint custody and wants kids Half the week. My 16 year old feels that will be hard moving back and forth in middle of the week. She also doesn’t want to live with him as she would be going to a room that is too tiny and won’t have space while my 9yr. Will have bigger room. She wants to... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Nov 6, 2019

Thank you for your question. It sounds like you have several issues going on. Each situation is unique, so the answer is almost always "it depends". If you have a Court order or agreement that says he will move out and he has not then you should consider an enforcement action in court. The... Read more »

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: i Have my son 6 Overnights a week, and 4 days. His father has him 1 overnight and 3 days. What type of custody is this?

I am trying to figure out what type of custody this is(60/40, 70/30, 50/50) and if I qualify for child support. I have my son over night Sunday-Friday.. and his father has him over night, only Saturday, and I pick him before 5 on Sunday evening. He also has him during the day Monday from 4-9 and... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Nov 4, 2019

Thank you for your question. Child support and parenting time can be confusing for a lot of people. It does not matter how you describe your parenting time situation. In New Jersey the percentage of time is determined by the overnights the child spends at each home. If the child spends more... Read more »

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My father passed and there are 4 total children, do ALL children have to agree before the house can be sold?
Teresa L. Reichek
Teresa L. Reichek answered on Nov 4, 2019

Thank you for your question. My condolences on the loss of your father. Like many legal scenarios, the answer is that it depends. The house cannot be sold until all owners agree. If all four children were bequeathed the home, then everyone would have to agree. If you father died intestate... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Oct 7, 2019

Thank you for your question. Motion practice is detail oriented work, and a misstep could make your response papers inadmissible. Do not make an already stressful situation even worse. The outcome of the motion is too important to take chances. You should consult with an experienced family law... Read more »

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1 Answer | Asked in Child Custody and Collections for New Jersey on
Q: Can I move out at 19 without a parents permission? And will the cops get involved ?

I have strict parents and I’m 19 they do not let me do anything I want to move you but I’m afraid that they’re going to call the cops.... can I move out at 19 without their permission ??

Teresa L. Reichek
Teresa L. Reichek answered on Oct 4, 2019

Yes. Once you are 18 years old you have reached the age of majority. Unless you are declared mentally incompetent you are free to do as you please including vote, sign contracts or move out. That being said you need to consider if you have enough income to support yourself. It would not be a good... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?

We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 17, 2019

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: I go a letter from nj with both "custody" and "parental time" from her dad whose in jail and his mom can they get 100%

Is this for visitation or full custody? Her father is in jail awaiting a case of domestic violence against me! Can his mom take her? If so, why would she be able to? I work and provide myself and get food and a home, clothes and toys. She's the happiest kid you'll meet. She's fat and healthy. I... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 16, 2019

Thank you for your question. I'm sure this must be very stressful for you. There are two types of custody in NJ, legal custody, which is where the parties share responsibility for major decisions in a child's life such as medical, education and religious upbringing. The second type is physical... Read more »

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1 Answer | Asked in Family Law and Tax Law for New Jersey on
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 »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 20, 2019

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...
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1 Answer | Asked in Child Custody for New Jersey on
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 »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 19, 2019

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 »

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 »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 15, 2019

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 »

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2 Answers | Asked in Divorce for New Jersey on
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.

Teresa L. Reichek
Teresa L. Reichek answered on Aug 1, 2019

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 »

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2 Answers | Asked in Divorce, Child Custody and Child Support for New Jersey on
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 »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 1, 2019

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 »

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1 Answer | Asked in Child Support for New Jersey on
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 »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 30, 2019

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.

1 Answer | Asked in Child Support for New Jersey on
Q: Ex-wife remarried moved out of state child no longer lives with her am I required to pay child support
Teresa L. Reichek
Teresa L. Reichek answered on Jul 29, 2019

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 »

1 Answer | Asked in Family Law for New Jersey on
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 »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 28, 2019

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 »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
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?

Teresa L. Reichek
Teresa L. Reichek answered on Jul 15, 2019

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 »

3 Answers | Asked in Divorce for New Jersey on
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?
Teresa L. Reichek
Teresa L. Reichek answered on Jul 8, 2019

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: I need a divorce but have no income..pls help
Teresa L. Reichek
Teresa L. Reichek answered on Jul 8, 2019

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

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2 Answers | Asked in Child Support for New Jersey on
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?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 28, 2019

New Jersey does not do retroactive child support. You are entitled to support from the day you file your first request.

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for New Jersey on
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?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 26, 2019

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 »

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