If I own a home and it was my homestead, but not the marital residence previous to my marriage, am I obligated to give her 1/2 of that property in addition to 1/2 of the marital residence, which was also a family owned home of mine.
It would be irresponsible for me or any other credible family law attorney to give you a yes or no answer to your question. You need to schedule a consultation with an attorney in this office or with another family law attorney to review all of the applicable background information for the... Read more »
about a 2nd will that was probated without my knowledge or consent is this legal? In nj
I am a certified divorce & family law attorney and this is where I get to tell you that you need to speak with a estate litigation attorney. On its face, something is wrong and the best way to figure out if an error occurred or if something inappropriate occurred is to bring all of the... Read more »
I wanna live with my biology mother and family because I feel happier their than where I'm at
At 17, you have the right to sit down with your parents and discuss where you want to live and why. A parent of guardian may not be happy with your decision but they are gong to be hard pressed to stop you..... but that does not mean that their feelings will not be hurt. Be respectful and... Read more »
I FILED FOR BANKRUPTCY AND IT WAS DISCHARGED. I CLAIMED I HAD NO ASSETS IN ANY PROPERT. MY WIFE AND I ARE GETTING A DIVORCE CAN I GET A LAWYER TO ONTAIN HALF OF THE EQUITY IN THE HOME. SHE PURCHASED THE HOME ON HER OWN 1 YEAR AFTER WE MARRIED IN THE STATE OF NJ.
If assets were acquired during the course of your marriage, there is a presumption that those assets are subject to division in a divorce, including assets acquired in one parties name alone. My suggestion is that you come in to the office for a consultation, so that we can discuss the bankruptcy,... Read more »
threatens to open another child support can i request she be made bring my son back to nj
The only thing that you can say to a New Jersey Family Court Judge now is that the reason why she agreed to waive child support from you is because you and she discussed the cost of travel for you to travel to Florida to see your son and the cost of your son coming to New Jersey to visit you.... Read more »
She has never worked a day in her life and her new husband has increased her household income
Im not sure that I understand your question but if you are saying that your ex wife has gone on to have 3 more children with her current husband and she has not notified probation of this change in her setting for child support guideline purposes, pointing out this change will only inure to her... Read more »
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?
The only way for any family law specialist to answer that question is for you to come in for a consultation to discuss your income setting, your husband's employment and income setting, the duration of the marriage ( and any period of time you and he lived together before marriage), your... Read more »
I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... Read more »
Not an easy issue to resolve given that you have a compromised immune system and the biological mother has significant restrictions on her contact / access to her daughter. Im guessing that the reason for the non-overnight plan in place has to do with concerns for the mothers mental health issues... Read more »
Support is being paid for 3 children, ages 20, 18 and 16. Two in college and one in high school. Ex wants to discontinue support. Can he do so?
As to the child in high school, the answer is No, he cannot stop paying child support for his benefit. As to the older 2 children, its a little more complicated and the starting point is whether those 2 children are attending college and living at home or away at school. If both older children are... Read more »
Believe it or not, there are cases where a child gives birth to a child and the court system still views that child as un-emancipated and in need of support from her parents. As an example, if your daughter got pregnant and is in the 11th grade and her plan is to continue with her educational... Read more »
The short answer is no, but by age 14, the court is to give deference to the wishes of a mature 14 year old. Translated, while the decision where a 14 year old should live still rests with the court, as long as the child shows maturity and an understanding of the decision making process, most... Read more »
From a practical standpoint, wouldnt it be easier to simply pay off whatever you owe in outstanding child support and then apply for a licence in NJ for the security operation? What if you begin the operation and then find that NY has filed an application for suspension of your licensing for... Read more »
My son graduated high school and will be visiting his dad for two weeks. If my son refuses to leave NC. What can I do as his custodial parent?
Since your son is only 17, I presume that he is going into his senior year of high school as opposed to starting college in September. So, lets play this out for you.
Under the terms of your divorce agreement, you are the primary custodial parent and your ex has parenting time with him.... Read more »
The NCP filed an application to emancipate based on her college credits. She was full time in the fall and part time in the spring because of a switch in schools. She is taking summer classes and is registered for the fall as a full time student. The judge emancipated her solely on her college... Read more »
Im sorry to say, but this is a perfect example of a setting where you should have hired a family law specialist to represent you instead of representing yourself or hiring a general practice lawyer. On its face, it appears that your daughter may not have been emancipated or that the court should... Read more »
I live in Arizona and my son and his father are in New Jersey I’m engaged to another man and recently found out I’m pregnant after our last court date I overheard my husbands lawyer saying to him “let’s hope she doesn’t get pregnant” so before I tell anyone I want to know how it could... Read more »
The best advice I can give you is to schedule a consultation with this office to discuss the legal and factual issues outstanding in your application for a change in the custody plan currently in place and currently before the NJ family court. Its impossible for any lawyer to tell you whether... Read more »
Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »
Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health... Read more »
I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.
Thanks
From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that... Read more »
Now, can he make me go “home” where he sleeps on the floor and has no beds?
lets start off addressing the easier question- When you turn 18, you will have the right to determine where you will live, regardless of the agreement or court order entered into by your parents.
Now, lets address the bigger issue - the custody and support plan that is best for you. Even... Read more »
My kids live with me and I am the mother the dad sees them some but is very mean to me and i am deciding to move out of state to newyork state and I allowef to move with my kids no legal papers or anything have been ever filed and there's no set custody except. For birth which I am the... Read more »
The law in New Jersey concerning "relocation" changed recently and now the court is required to employ the "best interest" test to a custodial parent seeking to move out of the state of NJ with the parties child[ren] - meaning that either you need to get a writing from him... Read more »
She lives in NYC I live in NJ. I haven't seen her in 9 months.
This is a very dangerous setting that you need to take seriously.
You may think that her claims are false or frivolous, but based on her claims, a court can enter a permanent restraining order against you and then any violation of that order can result in your arrest and criminal... Read more »
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