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 »
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? Is your... Read more »
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.
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 »
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 advantage in... Read more »
At what point is she not in titled to my health care I’m not a jerk.
Thank you for your question. There is no such thing as legal separation in New Jersey. There is no strategic advantage to filing for divorce first in this state. Divorce can be complicated and confusing and you will need legal expertise.
You are not allowed to alter or remove her from... Read more »
That's a good question that many people ask. You have 35 calendar days to file an Answer, Answer and Counterclaim, or Notice of Appearance. Motions, if necessary, come later. The best thing to do is consult with an experienced family law attorney about your next steps.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 ??
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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