Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Richard Diamond
3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Divorced 10 yrs ago. Both names on the deed. Selling the house. Do we split current or prev market value

Assumed market value 10 years ago, but not specified in agreement.

Richard Diamond
Richard Diamond
answered on Jun 5, 2023

The question focuses on the language of the agreement and the discussions/agreement in place when you signed the document. If the intent was to share equally the current value of the home and the current mortgage balance vs whether the intent was to share the then existing value / then existing... Read more »

View More Answers

3 Answers | Asked in Divorce for New Jersey on
Q: Can a divorced husband have any rights to pensions earned after the divorce that his wife earns?

Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?

Richard Diamond
Richard Diamond
answered on May 30, 2023

On its face, your question should be simple to answer BUT......

If your divorce agreement states that your former husband is entitled to XX% of the marital portion of your pension plan and that a qualified domestic relations order (QDRO) is to be entered, dividing the benefits, the next...
Read more »

View More Answers

2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Son 19 goes to trade school and works part time ex wants to stop paying. Is this allowed in nj?

Divorce decree says we must share in post secondary costs.

Richard Diamond
Richard Diamond
answered on May 15, 2023

Start off with the presumption that no she cannot stop paying but I would send her an email, quoting from the terms of your agreement that both of you are obligated to share your son's college/trade school costs and ask her how or why she thinks that she should not have to continue paying in... Read more »

View More Answers

3 Answers | Asked in Family Law and Divorce for New Jersey on
Q: How to get compensated for enduring abuse of parental alienation & all blocked communications by other parent in NJ?

Not sure if possible

Richard Diamond
Richard Diamond
answered on May 15, 2023

My suggestion is that you sit down with a divorce law specialist and let him / her guide you and explain to you what remedies are and are not available to you in a non-dissolution filing and what are and are not available to you in a divorce matter.

The worst thing that you can do is hire...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: Can any state have authority to press charges of interference in a custody order? Or only jurisdiction State can?
Richard Diamond
Richard Diamond
answered on May 5, 2023

If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Will my Xwife have to pay me back retro if my CS amount gets lowered. Looks like it’s happening soon. Filed 2/26/31

Still waiting for a few details to hash out. I was told she has to pay me back the difference from the date you filed your motion. Please advise. Correction filed motion 2/26/23

Richard Diamond
Richard Diamond
answered on May 4, 2023

Absent proof of fraud on you in connection with the underlying child support amount, the court cannot retroactively adjust a child support order to a date before the filing date of your current application. If your application was filed on 2/26/23 and is heard by the court on May 12, 2023, the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: DCP&P LEGAL ISSUES

Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.

While I'm being ignored, court was adjourned twice and then canceled today.... Read more »

Richard Diamond
Richard Diamond
answered on May 4, 2023

The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... Read more »

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Can a psychiatrist call dcpp on a parent for failing a drug test for marijuana?
Richard Diamond
Richard Diamond
answered on Apr 24, 2023

I think that it is safe to say that there is much more to this story than simply a patient failing a drug test for marijuana. My guess is that there was a court order in place or an agreement with DCPP that required a patient/parent to submit to drug screens and if the patient failed a test, then... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: can i recoup alimony payments if my ex-wife's employment status went from part itme to full time?
Richard Diamond
Richard Diamond
answered on Apr 24, 2023

It depends on the language of your divorce settlement agreement. Sometimes when you have someone receiving alimony, whose employment setting is expected to change, lawyers can build a change in employment income into the agreement to try and reduce the need for further court intervention. In... Read more »

1 Answer | Asked in Family Law and Divorce for New Jersey on
Q: I want to move out of marital home. The utilities are in my name. Can I transfer them to my new residence?

We rent. The rental is in my husband's name. All utilities are in my name.

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

I'm guessing that you are looking to move out of the rental without your husband and you want to know if you can transfer the utilities from the current rental to your new rental so that your husband will have to put in place new utilities for the current rental.

If you want to keep...
Read more »

3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... Read more »

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

There is no "real" legal advice to give in this setting. You are frustrated that your mother-in-law disrupts your household and while staying in your house, it appears that your mother-in-law is ungrateful/disrespectful to you.

My suggestion is that you sit down with your...
Read more »

View More Answers

4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Richard Diamond
Richard Diamond
answered on Apr 18, 2023

I would get a writing as quickly as possible from your daughter and her husband acknowledging that the real owner of the property is you and that title to the house was put in your daughter's name for convenience purposes for you.

The 2nd question ( which is also tied to the 1st...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Legal next of kin of a deceased missing

My niece whom I haven't had contacts for over 10 years just passed away in New Jersey. She is single and both of her parents are deceased. She has one son 25 years ago when she was an unwed teenager and she gave him to his father to raise. I am not aware if they have any relationship and I... Read more »

Richard Diamond
Richard Diamond
answered on Apr 17, 2023

It sounds like her estate is comprised of debt as opposed to assets and presuming I am correct, not sure how you can take what remains of her assets to pay for her funeral costs while not using that same money for payment of her outstanding secured debts ( ie child support).

While your...
Read more »

2 Answers | Asked in Family Law and Juvenile Law for New Jersey on
Q: If I am over the age of 18 and in college and I want to emancipate myself from my parents would I be able to do that?

I live in NJ and If so would the court need to see anything such as proof of income etc.

Richard Diamond
Richard Diamond
answered on Apr 8, 2023

You started off by saying that you are in college - so the 1st question is who is paying for your college and are you living on campus or living at home with a parent? If you are living on campus or in an apartment setting, employed and paying for all of your own expenses - meaning you are paying... Read more »

View More Answers

3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college

My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.

Richard Diamond
Richard Diamond
answered on Mar 27, 2023

The court system has no knowledge as to whether your daughter is or is not enrolled in college. Your ex filled out a paper from the probation department claiming that your daughter is enrolled in college at present. If you believe that your daughter is not enrolled in college and that your child... Read more »

View More Answers

3 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my ex request a meeting with my new girlfriend in order to allow her to see my kids?

We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »

Richard Diamond
Richard Diamond
answered on Mar 20, 2023

The starting point is the actual language of the settlement agreement.

While you say the language only applies to communications between you and your ex, the actual language may be broader or there may be another language in the agreement that gives either/ both of you the right to speak...
Read more »

View More Answers

2 Answers | Asked in Family Law and Civil Litigation for New Jersey on
Q: Do you file your interrogatories/production with the courts and the courts send your advasaries those documents.

I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.

My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... Read more »

Richard Diamond
Richard Diamond
answered on Mar 13, 2023

Based on the information provided, im not sure that you have the skillset needed to handle litigation on your own. Interrogatories and document requests are sent to the adversary - not to the court and they need to be tailored to the particular issues and claims involved in your matter and need to... Read more »

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: Can a be emancipated if she has a job/ a place to live in New Jersey without parental approval?

I am 14 and I have wanted to move out for a long time. I am confident that I' will have a job by 16. Can i moveout at 16 without my parents approval and find a place to live?

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

I am a parent and cannot imagine what is going through your head to be 14 years old and want to be emancipated but I can promise you that being emancipated will not be easier than your current setting. As a 14 year old, im sure that your parents are on your case and telling you what you need to do,... Read more »

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get help to reopen my NJ divorce where there was extreme amounts of fraud regarding our business?

My husband hid millions of dollars in our divorce and lied about the sale of the business, this caused my entire PSA to be thrown out. He then reported me as a 1099 employee of our business. He was making direct deposits from the business for family support but then reported me as a 1099 employee,... Read more »

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

Reopening a divorce matter is difficult and can be expensive. You may be 100% correct but to reopen a case, you need to give a lawyer

a. the settlement agreement,

b. the underlying discovery material provided by your husband as part of the divorce matter,

c. your...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.