Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Richard Diamond
1 Answer | Asked in Divorce for New Jersey on
Q: My husband and I signed deed papers at our attorney last July. I just found he never filed the papers. Can i sue him?

We are divorcing. He is hiding and manipulating everything. Do i have recourse in the law with this deception.

Richard Diamond
Richard Diamond answered on Oct 22, 2020

Im not sure what deed papers were signed by you and your husband and not sure who was supposed to file those deed papers.... so I suggest that you schedule a consultation with a family law specialist to review what you are entitled to in a divorce ( i.e. alimony, division of assets, etc) and review... Read more »

2 Answers | Asked in Child Custody and Child Support for New Jersey on
Q: Does New Jersey grant a non-custodial parent to vacate child support, visitation and custody?

My sons father has intermittent parenting time with his son due to his own accord. We have a court order for every other weekend Friday to Sunday but he has missed two months of visitation this year so far and last year he did not have overnight visitations for a year. He does not have stable... Read more »

Richard Diamond
Richard Diamond answered on Oct 21, 2020

DO NOT WAIT ANY FURTHER! Contact the court immediately ( responding to whomever sent you the notification) telling them that you have not received any of his paperwork and therefore cannot respond to his claims. Send a copy of that submission to the probation officer in charge of your account and... Read more »

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: My husband wants a divorce. We are married shy of 3 yrs. Can my husband force me to leave our home?

We got engaged 2016, He bought the home approx. 1yr before we married. While we renovated he lived with me at my home. We married 12/17 and then sold my place and went to live in new home. On 7/23/19 we signed papers at the lawyers to put my name on the deed. I just learned today he never followed... Read more »

Richard Diamond
Richard Diamond answered on Oct 21, 2020

You NEED to have a consultation with a family law specialist NOW! This is not the type of setting that you can or should get legal advice through an internet post. You need to sit down with a specialist to review the terms of your prior divorce agreement and look at the setting surrounding your... Read more »

View More Answers

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: Hi,i do live here in new jersey.my question is my wife wants to move out our home.is it ok to bring my son.

We havent filed a divorce but she wants to bring my son to her no place that i dont even know where is it.Can i able to tell her not to bring my son until she filed a divorce at custody of our son?thanks

Richard Diamond
Richard Diamond answered on Oct 20, 2020

Schedule a consultation with a certified matrimonial ( divorce) trial lawyer before you agree to anything. This is too important an issue to simply agree upon without understanding the legal significance of your actions. Too often, we family law specialists hear stories about someone getting bad... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My boyfriend is divorced for 11 years in January he has been paying alimony for 10 years he wants to retire

he will be moving to Nevada and living on my property and not making an income anymore his ex is a nurse and still has an income way more then what he makes he works 7 days a week to pay her alimony payments is there a way to get it stopped?

Richard Diamond
Richard Diamond answered on Oct 19, 2020

Its impossible for any family law attorney to give you competent advice based on the limited information supplied. My suggestion is that you and he meet with a family law attorney ( not a general practitioner who handles family law matters) to discuss it and to review the change in circumstance... Read more »

View More Answers

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: Is it possible to file for sole custody 4 years after being divorced?

My girlfriend got divorced in Iowa in 2016, now resident in MO with her 2 kids. Her ex (lives in Iowa) has a history of robbery, assaults and drug use. He is also way behind in child support payment now reaching 5 digits but gave pocket money back in December and January. He's been found in... Read more »

Richard Diamond
Richard Diamond answered on Oct 19, 2020

Based on the information provided, New Jersey does not have jurisdiction over the issue raised by you and therefore any NJ family law attorney answering this question would be speculating. You need to address the question to a family law attorney in Iowa.

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »

Richard Diamond
Richard Diamond answered on Oct 19, 2020

While this matter seems like a "family law" matter, it is actually an estate law matter and you need to talk with an estate law specialist who handles estate litigation. This is not the type of matter that you go to a general practitioner who advertises that he also handles estate claims.... Read more »

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: Is alimony for a personal business calculated from schedule C net earnings or post-tax income?
Richard Diamond
Richard Diamond answered on Oct 17, 2020

My guess is that you are going through a divorce presently and trying to figure out how to calculate how much you need to pay for alimony. Im making that "guess" since if you already had an alimony obligation in an agreement or court order, it would identify what your income setting was... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: How to get proof that in 1998 I finish pay my child support?
Richard Diamond
Richard Diamond answered on Oct 17, 2020

I am not sure why you need proof today as to the emancipation of your child in 1998 ( 22 years ago), but the easiest way would be for your ex to sign a letter acknowledging that you paid your child support properly and that your obligation ended in 1998 and that there were no child support arrears... Read more »

1 Answer | Asked in Elder Law for New Jersey on
Q: Is it legal in NJ for one sibling to prevent other siblings from visiting or getting health updates about their mother ?

Their mother has dementia and recently entered a nursing home. Went into the hospital for surgery and is now in a rehab center. They told her son they cannot give him any information on her condition. They were also told they cannot visit as per the other sibling. Their mother is my sister.

Richard Diamond
Richard Diamond answered on Oct 16, 2020

This type of setting is terribly sad and I am sorry that you and your family is going through this setting but I am also guessing that there is a long history underlying the hostilities being expressed by one group of siblings against their brother and I am also guessing that there is concern that... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: In NJ, when parents were never married, does the non custodial father have to pay for college in addition to CS?

Child was estranged and the father had no input on college decisions. Father also can't afford to contribute to college on top of the child support he is already paying. Couple was never married and have no agreement about college.

Richard Diamond
Richard Diamond answered on Oct 6, 2020

Whether married or not, the obligations owed to a child remain the same ..... but the starting point in this discussion is the language of your agreement or court order for child support & parenting time. Presumably, your agreement / court order provided you and your ex with a joint legal... Read more »

View More Answers

2 Answers | Asked in Family Law for New Jersey on
Q: I advocate and assist in finding proper representation for grandparents. Searching for a family lawyer

Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a... Read more »

Richard Diamond
Richard Diamond answered on Sep 21, 2020

Is this matter in New Jersey? If its not in NJ, I cannot speak to the laws of another state as to its handling of grandparent rights claims.

If the matter is properly in NJ, our firm has represented many grandparents in their efforts to remain involved in their grandchildren's lives...
Read more »

View More Answers

2 Answers | Asked in Child Support for New Jersey on
Q: I have arrears my son was living with me since 2007 child support didn't stop until he turned 18

It didn't stop until 2009 I have a warrant now and I don't think I owe this money HELP ME PLEASE! THANK YOU

Richard Diamond
Richard Diamond answered on Sep 15, 2020

If you have a court order identifying the change in physical custody of your son from your former wife to you in 2007, you can show the probation department officer same. If you dont have a formal order for the transfer of physical custody to you in 2007, then hopefully you can get your former... Read more »

View More Answers

3 Answers | Asked in Domestic Violence for New Jersey on
Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

Richard Diamond
Richard Diamond answered on Sep 15, 2020

You are mixing apples with pineapples with your question. The 1st and most important question is whether you were served with a domestic violence complaint or a criminal complaint or both.

A domestic violence complaint means that your partner was caused fear for her safety / well being...
Read more »

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Does handwriting analysis be used a burden of proof evidence in a domestic violence hearing?

I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?

Richard Diamond
Richard Diamond answered on Sep 11, 2020

This is a case where you need to sit down with an experienced family law attorney to review each of the allegations advanced against you in your ex's domestic violence complaint to determine what proofs are needed to respond to the claims / testimony needed and how best to present that... Read more »

View More Answers

2 Answers | Asked in Child Support for New Jersey on
Q: If the ex wife inherits money does that change income ratio to determine change if child Support obligation ?
Richard Diamond
Richard Diamond answered on Sep 10, 2020

Potentially yes. The NJ case is Miller v Miller, which stands for the proposition that a family court judge is authorized to impute income to an immune asset ( inheritance) for child support calculation purposes. Hypothetically, your ex received an inheritance of 500,000. The court can impute an... Read more »

View More Answers

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Q: In NJ am I allowed to change my childs last name after a certain point after birth?
Richard Diamond
Richard Diamond answered on Sep 8, 2020

There is case law in NJ addressing a custodial parents plan to change a child's last name - translated, its not that simple if your ex is opposed to it. My suggestion is that you meet with a family law attorney to learn what is permissible and what will result in litigation between you and... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm a stay at home mom and want to leave my current situation, if I take my child and leave is that kidnapping?

I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum... Read more »

Richard Diamond
Richard Diamond answered on Sep 8, 2020

Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Aunt has sent more than 150 txt and emails in 90 days with harsh language and degrading comments. Can I do anything

I have more than 150 emails text and voice mails that I have been receiving for more than 3 months. It started because I did not throw a birthday party for my son in the beginning of June during Corona virus lockdown. It has escalated to her verbally attacking me, and everybody in the family.... Read more »

Richard Diamond
Richard Diamond answered on Sep 8, 2020

The interesting thing is that there is a recent unreported NJ appellate division decision addressing this exact issue and the trial court found that the relative had engaged in harassment behavior and issues a restraining order. The order was then overturned by the appellate division who found that... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

Richard Diamond
Richard Diamond answered on Sep 8, 2020

You need to reach out to an estate law litigation attorney ( not a general practice lawyer nor a family law attorney) to assist you.

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.