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Questions Answered by Richard Diamond
1 Answer | Asked in Divorce for New Jersey on
Q: Property question in my divorce

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.

Richard Diamond
Richard Diamond answered on Aug 6, 2020

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 »

2 Answers | Asked in Probate and Estate Planning for New Jersey on
Q: My brother and I are both executors to my moms will. We probated her will 3 weeks after she past. I'm now finding out

about a 2nd will that was probated without my knowledge or consent is this legal? In nj

Richard Diamond
Richard Diamond answered on Aug 6, 2020

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 »

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1 Answer | Asked in Child Custody for New Jersey on
Q: I am turning 17 in 16 days and I wanted to know if I can legally move out and stay with my biology mother and sisters

I wanna live with my biology mother and family because I feel happier their than where I'm at

Richard Diamond
Richard Diamond answered on Aug 5, 2020

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 »

1 Answer | Asked in Divorce for New Jersey on
Q: IF I CLAIMED NO ASSETS TO ANY PROPERTY CAN I STILL GO FOR HALF OF THE EQUITY IN MY WIFES HOME WHEN WE DIVORCE.

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.

Richard Diamond
Richard Diamond answered on Aug 5, 2020

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 »

2 Answers | Asked in Child Support for New Jersey on
Q: if my kids mother dropped child support because i signed paper stating she can move to florida with my son and she

threatens to open another child support can i request she be made bring my son back to nj

Richard Diamond
Richard Diamond answered on Jul 29, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: ex wife remarries and has 3 more kids apart mine and and never reports her remarriage is that legal

She has never worked a day in her life and her new husband has increased her household income

Richard Diamond
Richard Diamond answered on Jul 27, 2020

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 »

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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get alimony?

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?

Richard Diamond
Richard Diamond answered on Jul 27, 2020

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 »

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2 Answers | Asked in Family Law for New Jersey on
Q: Visits and COVID-19 quarantine

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 »

Richard Diamond
Richard Diamond answered on Jul 22, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: I currently have a child support order not based on guidelines. Can support be stopped for college students?

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?

Richard Diamond
Richard Diamond answered on Jul 21, 2020

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 »

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: If my minor child were to have his own child, am I still required to pay child support?
Richard Diamond
Richard Diamond answered on Jul 20, 2020

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 »

2 Answers | Asked in Child Custody for New Jersey on
Q: Can a 14 year old child decide which parent to live with
Richard Diamond
Richard Diamond answered on Jul 20, 2020

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 »

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2 Answers | Asked in Child Support for New Jersey on
Q: I owe child support in NY, can I open/start a security company in NJ (I now reside in NJ)?
Richard Diamond
Richard Diamond answered on Jul 16, 2020

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 »

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1 Answer | Asked in Child Custody for New Jersey on
Q: My 17yr old son wants to start school & reside with his Dad in NC. I don't consent. My son gets free tuition at Rutgers.

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?

Richard Diamond
Richard Diamond answered on Jul 13, 2020

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....
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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can my 18 year old be emancipated if she is 100% dependent on me?

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 »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

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 »

1 Answer | Asked in Child Custody for New Jersey on
Q: In a custody battle does it hurt/benefit my case if I have another child with my current fiancé?

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 »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

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 »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How long do the terms of divorce decree remain in affect.

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 »

Richard Diamond
Richard Diamond answered on Jul 10, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can I retain custody of my twins if , 4 years ago i essentially lost custody as I missed a hearing?

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

Richard Diamond
Richard Diamond answered on Jul 6, 2020

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 »

1 Answer | Asked in Child Custody for New Jersey on
Q: I’m gonna be 18 in 1m and 12d I stay with my mom and that’s where all my belonging are, my dad has custody of me right

Now, can he make me go “home” where he sleeps on the floor and has no beds?

Richard Diamond
Richard Diamond answered on Jul 6, 2020

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...
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1 Answer | Asked in Family Law for New Jersey on
Q: Am i allowed to take my kids out of state and am I allowed to move out of state

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 »

Richard Diamond
Richard Diamond answered on Jul 3, 2020

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 »

2 Answers | Asked in Domestic Violence for New Jersey on
Q: My ex girlfriend keeps filling temporary restraining orders against me I have no contact with her and haven't seen her.

She lives in NYC I live in NJ. I haven't seen her in 9 months.

Richard Diamond
Richard Diamond answered on Jul 3, 2020

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...
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