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Questions Answered by Teresa L. Reichek
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,...
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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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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 8, 2020

Divorce and domestic violence are family court issues, so start there. Many family law firms, including mine, offer free consultations. A civil suit involving domestic violence is called a Tevis Claim and is filed in the family court as part of your divorce. It may ultimately be removed to Law... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Hi. I have a custody question.

I live in NJ. I have two kids, 15 and 11. They no longer want to live with their mother. She beats them, cuss and threatens them constantly. I wanted to keep her in their lives, but they are getting tired of her. And want to come with me full time. As of now, We share joint residential custody.... Read more »

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

Thank you for your question. I am sorry that you and your children have to deal with such a distressing situation. The short answer is you can file a motion. The specifics are more complicated than that, and would be tailored to your specific situation. A change in primary custody in New Jersey... Read more »

2 Answers | Asked in Contracts and Family Law for New Jersey on
Q: Can I make a legally binding agreement with my husband?

I want to separate from my husband. We have two kids, I don't work, and I would like to keep the kids. My husband has told me he would provide for me my rent, and a weekly amount of money, since I don't work and I need to take care of both kids.

Can we make a legal agreement... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on May 22, 2020

Thank you for your question. There is o such thing as legal separation in NJ. That being said you have options. You could file a non-dissolution action with the court and then execute a Consent Order with all the terms you and your husband agree on. You could also do a Divorce from Bed &... Read more »

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2 Answers | Asked in Child Custody and Juvenile Law for New Jersey on
Q: i'm 16 turning 17 and i want to move out of my house with my friend and his mother, if i have a job would it be fine?

my parents and i constantly argue and i want to move out, my friends mom has already told me i can stay with them as long as i pay rent which i would be fine with. but would my parents be able to stop me if they wanted to?

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

If your parents agree to you moving out then they would have to assign temporary custody to your friend's mom so that she could consent if you needed emergency medical treatment, for example. If your parents are not in agreement, then yes they can stop you. You are a minor child.... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My ex husband had stopped paying child support and giving the rent money for 3 weeks now due to covid-19. What can i do?

He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.

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

Thank you for your questions. I'm sure this is a very frustrating and scary time for you. There may be several options available to you. You could file a motion to enforce and you would receive a portion of any unemployment your husband receives. While he owns his own business and would... Read more »

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3 Answers | Asked in Child Support for New Jersey on
Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. I am sorry that you are dealing with such a frustrating situation. If the opposing party filed for modification then it is in your best interests to file a response and potentially a cross application.

That being said, there is a lot to know before filing...
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1 Answer | Asked in Family Law for New Jersey on
Q: Hi, I am a resident of Middlesex county, NJ, where after a short lived marriage of 2 months my husband filed for divorce

or anullment on false reasons on grounds of irreconcilable differences. I was a victim of physical and emotional abuse for which I have filed a police complaint as well. I am an Indian citizen and came to US for a short visit on business Visa and was cojuled into this marriage. I did not have... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. While there may be personal reason why you wanted to file on the grounds of mental cruelty, it will not matter what the underlying grounds are. It will not be on the Final Judgment of Divorce, nor does fault matter in New Jersey as far as potential property... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: I have residential custody of my child who is 13 1/2 yrs old. His father and friend live 1 hr away.

Concerned about him going there for spring break I have Diabetes type 1. Hypertension and stage 1 kidney disease. He won’t tell me where he and his friend have been. There is no verbal communication. how do I handle this during this pandemic.

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

Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.

In general the courts are not considering "what if" scenarios, they are enforcing...
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3 Answers | Asked in Family Law for New Jersey on
Q: Mom is denying parenting time from dad due to virus because mom has asthma. Can father win if he files emergency motion?

Can one parent deny the other parent parenting time because of the virus if the other parent has been acting responsibly?

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

Thank you for your question. Unfortunately this frustration is becoming very common. Many courts in New Jersey have ruled that absent a credible threat of the virus, i.e. someone in the household testing positive, parenting time should continue per the most recent court order. That being said,... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: My ex wife wants to drive 20 hours w our 4 & 6 year old children to visit her family out of state during the pandemic.
Teresa L. Reichek
Teresa L. Reichek answered on Apr 9, 2020

I can understand why you would find this concerning. The best thing to do is to file an Order to Show Cause as this is an emergent issue affecting the safety and well being of the children. That being said, this is a complicated and much contested legal issue right now. You should consult with an... Read more »

2 Answers | Asked in Child Custody for New Jersey on
Q: What to do when the mother refused to give me my daughter during my parenting time? Can I get custody back?

Hi, I am divorced since 2015, I have the father with set visitation. I live in NY and the mother lives in Monmouth County NJ, 60 miles away. She has full custody. Very often I travel 1.5 hours to pick up my daughter and then the mother refuses to let her go with me. When I call the police they just... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Mar 23, 2020

Thank you for reaching out. I'm sure this is a difficult and stressful situation for you. There are several things you could do involving the court system. If you feel your daughter is in danger you could file an Order to Show Cause.

More likely, you will need to file a Motion for...
Read more »

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2 Answers | Asked in Domestic Violence, Divorce and Immigration Law for New Jersey on
Q: I am a foreigner who married to a US Citizen,a 2 yr conditional GC holder. Domestic violence victim,what are my rights?

I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Mar 23, 2020

I am so sorry you are in this situation. You should contact your local legal services office.

https://www.lsnj.org/LegalServicesOffices.aspx

They may be able to assist you with your divorce and with filing a VAWA petition or U-Visa with USCIS to protect your resident status. Good Luck!

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1 Answer | Asked in Child Custody for New Jersey on
Q: My husband and I separated still married 10 months ago he moved elsewhere now hes in pA Im in NJ....

Dont want him to see the kids anymore i I feel its unsafe there as theres two csp cases where he lives his gf and the lady they live with will not givw me any info plus they drink and more maybe

Our 1 son has special needs also has epilepsy

Can i keep the kids from him till the divorce ?

Teresa L. Reichek
Teresa L. Reichek answered on Mar 12, 2020

Thank you for your question. I'm sure, as a Mom, that this situation is very stressful for you. The answer, as with most legal questions, is that it depends. If you have already filed a Complaint for Divorce then you can file what is called a "pendente lite" motion. That just... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I filed a with the court a Family Part Case Information statement and now my wife lawyer want to have my case dismissed.

My wife lawyer want a copy that I sent to the court but the court has the only copy can they get the copy from the court?

Teresa L. Reichek
Teresa L. Reichek answered on Mar 10, 2020

The many rules and procedures of the Courts can be confusing to a layperson. This is one of many reasons why you should retain a competent family law attorney.

To answer your question, whenever you file anything with the Court you are required to also send a copy to opposing counsel. It is...
Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: my ex wife was awarded $27,000 from my 401k 2 years ago.its still in my 401k, is there a statute of limitations ?

i assume she has to open a 401k on her own, or through a employer. does she have a limited amount of time to remove the money, or can she leave the money in my 401k as long as she wants........thank you

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

That's an excellent question. There are may factors involved. If a proper QDRO (Qualified Domestic Relations Order) was executed and she chose the option of receiving payments when you retire rather than opening her own retirement plan, then it would make sense that the full balance is still... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: I'm divorced NJ on 4/8/2004 after 15.3 yrs. Been paying Alimony for 15.9. Am I eligible to stop paying alimony?

Under the statute 2014 New Jersey Revised Statutes

Title 2A - ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

Section 2A:34-23 - Alimony, maintenance.

Universal Citation: NJ Rev Stat § 2A:34-23 (2014)

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

That's a very good question. I'm sure it is stressful not knowing what is going to happen. The short answer is it depends. There are many factors that play into alimony and the timing of termination. It is very specific to your unique situation. Some factors include any potential... Read more »

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