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Questions Answered by Teresa L. Reichek
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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2 Answers | Asked in Divorce for New Jersey on
Q: I brought my home with my home with my military deployment money my wife is not on the loan. do I have sell my home?

I am on disability and do not work do my spouse get my home in the divorce since I paid for it with my deployment money and she was unfaithful and pay no bills since she move into the house? Can I ask her to move out?

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

Thank you for your question. I am sure this is a very confusing time for you. The answer is it depends. If the home was the primary marital residence then it will not matter how you paid for it or who is on the loan, it is a marital asset. The choice becomes do you want to buy her out of what she... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: I am the non custodial parent. NJ court requires that I notify if I move, how do I make sure it’s in the case file?

With my work schedule, they are not open to take calls when I am free. I can’t find accurate information on the website. My ex has already been informed

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

That is an excellent question. The best thing to do is to file an updated Confidential Litigant Information Sheet. The form can be found on the NJcourts.com website or at the following link:

https://www.njcourts.gov/forms/10486_conf_lit_info_sheet.pdf?c=wSX

1 Answer | Asked in Divorce for New Jersey on
Q: what is the first step in a divorce process? In which circumstance will I not to to separate 18 months prior?
Teresa L. Reichek
Teresa L. Reichek answered on Feb 12, 2020

Thank you for your question. I know that contemplating divorce can be very stressful. The first step is to confer with an experienced family law attorney. A consultation will allow the attorney to explain your rights and make you aware of the process.

Procedurally speaking, a Complaint for...
Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Nj son is 18 years old, my husband says he no longer supports him. Can he?
Teresa L. Reichek
Teresa L. Reichek answered on Jan 31, 2020

Thank you for your question. I'm sure your husband's statements are very frustrating. The answer depends largely on your individual circumstances. Factors to consider are is this his father or step father? Do you have an existing support order? Is it paid through the probation department?... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: On a CIS is the Joint Life Style the average of how we lived or the way we lived at the end of the marriage?

I'm getting divorced. In the final 5 months of the marriage we had moved to an upscale apartment after living in a cheaper one for the other 6 years of marriage.

Teresa L. Reichek
Teresa L. Reichek answered on Jan 13, 2020

Thanks for a great question. The answer, as with most questions pertaining to family law, is it depends. The joint budget section is supposed to reflect the marital lifestyle as it is or was during the most recent time frame the parties resided together. That being said, the way you present that... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife wants to file for divorce is it better for me to file the separation papers before she does with the county seat
Teresa L. Reichek
Teresa L. Reichek answered on Dec 27, 2019

Thank you for your question. That's a very common question among people contemplating divorce. There are no such thing as separation papers in New Jersey. Whoever files for divorce first is the PLAINTIFF and whoever answers that divorce complaint is the DEFENDANT. There is no strategic... Read more »

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