I don't know what issue is being presented to the court, but if your application seeks reexamination of a support provision of the settlement agreement, you also must file your case information statement from the divorce and file a current case information statement. If you are filing an...Read more »
Oral argument on motion practice is not the time to "cross-examine" the other side. On a typical "motion day" a family part judge has 10 -12 different applications pending before him and at least 8- 10 applications where the parties were not seeking oral argument. The...Read more »
I would schedule a consultation with a divorce specialist immediately to address what options are available to you to redress your ex's actions. Hacking into former spouses' emails is a serious claim and should be addressed properly by the court system.
Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.
The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place...Read more »
I gather your former spouse filed an application with the court claiming that she had a child care expense of XX per month and asked that in the child support guidelines analysis used by the court, that it include an obligation for you to pay your share of that child care cost and now you have...Read more »
My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »
"this child" presumably refers to your girlfriend's child living with his father in Japan? If I am correct, then, barring extraordinary circumstances ( limited setting where you made specific promises to this child and to your girlfriend of an intent to support this child and your...Read more »
My guess is that at the time that an order was entered by a court, you and she were not living together and after entry of that order, you and she resumed living together, and presumably, the payments are being made through the county probation department system and either your wife takes the...Read more »
My girlfriend was married about 10 years ago. Stayed in the marriage for about a year. Never divorced. She dated 2 years later and got pregnant. The real father doesn't know and left before she knew she was pregnant.. The husband that she never divorced came around, put his name on the birth... Read more »
This is one of those "ouch" type matters with a lot of twists and turns, so its not that simple. At the heart of this matter is a guy who was legally married to your girlfriend at the time of the child's birth - meaning that he is presumed under the statute to be the child's...Read more »
As it stands, you know that your ex filed an application for termination of alimony ( I presume that term ..means termination) and therefore you need to act immediately since I can assure you that he will claim that not only did he send the papers to you but that you and he spoke by text or phone...Read more »
Believe it or not, there are numerous reported court decisions addressing this issue and it may make sense for you to speak with a family law attorney to get better educated on how a court may address the issue if presented. Is it possible that you and he can agree to hyphenate the name so that...Read more »
This is an estate question - better submitted to an estate law specialist. Family law attorneys specialize in divorce, post-divorce, domestic violence matters, custody and support issues, and related type claims in the family court system. I gather someone has passed and there is a dispute over...Read more »
This person was an older woman in ministry. Her and my former pastor had me arrested in 2015 and a FRO was entered by default because I didn't know I had a court date. I sued the church for the assault and just won. Also, I am a part of the ACP program for protection and will be moving out... Read more »
There is case law available to assist in the filing of an application to the court to vacate a domestic violence final restraining order. The pivotal case in NJ is Carfagno vs Carfagno, which laid out the requirements ( when the restraining order was entered on the merits). Those factors include...Read more »
I need help to submit a modification request in New New Jersey. I live out of state. My kids are both In college and not at home. I was hoping the situation and pandemic would turn around for I have no ability to maintain those payments.
Your setting is unfortunate ( politely said) but the filing of an application for downward modification is a very important one and if done wrong, will have material consequences to you. Translated, if you screw it up, you cant then simply hire a lawyer to refile it correctly since the refiling...Read more »
I am not understanding your question since you start off saying that you have been falsely accused of domestic violence and in the 2nd part, you say that he dragged you out of his house, he then slashed your tired and he broke your phone and all of this behavior occurred in front of the children....Read more »
We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.
The short answer is No, since your boyfriend does not have a legal obligation to support the children of your prior relationship with your former husband. Child support in NJ is calculated based on your gross income ( or an imputed gross employment income to you), your former husband's gross...Read more »
That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.
If I understand your question correctly, you were criminally charged with 2nd degree aggravated assault, and arising out of that same incident, a domestic violence temporary restraining order was entered against you, which domestic violence matter was scheduled to be heard by the family court judge...Read more »
We were never married totally separated recently. He has had my kids with her several times before I even knew she existed im very uncomfortable with the situation and have asked him not to bring her around kids till things are more serious with them and I meet her. He keeps arguing with me over... Read more »
Its a reasonable question and my suggestion is that you and he jointly meet with a mental health professional with solid experience involved with custody & parenting time matters disputes so that the person can listen to your concerns and listen to his response and make recommendations to both...Read more »
Im not sure I understand what you mean when you say that your 1st divorce was not valid? But there is a recent NJ appellate division decision addressing this issue, where the parties were "married" for 25 years but when the wife filed for divorce, the husband claimed that their marriage...Read more »
I plan to give my son my last name right away and maybe change it down the road, after I see some changes in the father. How would I go about changing my sons name to his down the road? I heard I have up to 1 year to change it without a lawyer but I don't really know New Jersey law on that or... Read more »
While this is a "family matter", it is best answered by an estate law specialist and not a divorce and family law attorney or a general practitioner. I am sure that there are a million lawyers out there that will be happy to give you an answer or suggest that you meet with them but you...Read more »
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