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Questions Answered by Richard Diamond
2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.

Richard Diamond
Richard Diamond
answered on Sep 28, 2022

Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... Read more »

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Are there exemptions from paying child support in NJ for persons whom are permanently disabled (brain injury)?

My aunt's husband took a bullet to the head and is now on permanent disability. He is not all there cognitively and he will end up receiving scrap money from disability. They are going to issue a warrant for his arrest and he will absolutely NOT survive if sent to prison. The man is not stable... Read more »

Richard Diamond
Richard Diamond
answered on Sep 15, 2022

He ( and a guardian on his behalf) need to meet with a family law attorney immediately. Yes, there are provisions in the law to address an individual with legitimate disabilities and presumably, if he is disabled, his child[ren] are receiving benefits as well.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... Read more »

Richard Diamond
Richard Diamond
answered on Sep 6, 2022

You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Greetings, Would like to obtain information re family laws concerning non-marriage co-parenting arrangements. Thanks!
Richard Diamond
Richard Diamond
answered on Aug 31, 2022

Married or unmarried, if you are a parent, you have specific rights and obligations and the best way to know what those rights and obligations are is to schedule a consultation with a family law specialist. And, moving forward, it is best to have a formal written agreement in place spelling out the... Read more »

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My parents purchased a house while married, when they divorced my father remarried and had 2 children with my stepmother

My mother has a son,My dad still has the house, never bought my mom out, apparently there’s a will they did together dividing the house between 4 siblings (same parents) according to my dad his children from the other marriage have rights to the house but not my mothers son. He also claims she... Read more »

Richard Diamond
Richard Diamond
answered on Aug 29, 2022

Its impossible for any lawyer to attempt to give you legal advice based on the information supplied. You need to schedule a consultation with a family law attorney to review your parent's divorce agreement to understand the agreement reached between your mother and your father over the... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Child in CT and father NJ. NJ established, enforcing support and exclusive jurisdiction. Can CT ask for educ support?

Child is 21 and already in college

Richard Diamond
Richard Diamond
answered on Aug 18, 2022

If New Jersey has established jurisdiction under the uniform child custody jurisdiction and enforcement Act (UCCJEA), then another states court system cannot enter an order unless New Jersey surrenders jurisdiction to Conn (if an application is filed in Conn, you would then have the right to oppose... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: After a house sells (judge ordered in divorce) the title agency sent both parties checks to the wife’s lawyer. Why

Proceeds from the sale of the house was to be split 50/50 and was. Checks were distributed directly to the wife’s lawyer WHO DOES NOT REPRESENT THE HUSBAND. why is this legal? Why did the checks not get sent to each party separately

Richard Diamond
Richard Diamond
answered on Aug 15, 2022

1. Judge ordered the former marital home to be sold

2. parties sell the marital home and neither party hires a lawyer to represent them at the closing of title for the sale of the home.

3. Presumably neither you nor your former spouse was physically present at the closing for the...
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1 Answer | Asked in Family Law for New Jersey on
Q: What recourse do I have when a daycare worker admits to abusing my child

Received a call from a state investor to inform me my 3 year old child's teacher admits to abusing my child, spoke with the center director who claimed to have no knowledge of abuse against my child

Richard Diamond
Richard Diamond
answered on Aug 15, 2022

I would immediately reach out to the DCPP rep who you spoke with to get additional information and to see what steps the agency is taking to protect children from this facility/teacher. Other than the person on the phone telling you that he / she worked for DCPP, what additional information did... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: what are the steps that my friend has to take in order to be able to take his kids for visits to his house.

he is not on the birth certificate. he lives in NJ she lives in PA

Richard Diamond
Richard Diamond
answered on Aug 15, 2022

The most important question is whether there is a court order in place addressing visitation or addressing child support for this child. If there is a court order already in place, then any application to the court seeking visitation must be filed in that court. If no court order has been entered... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: can my son grandmother get any rights to my son. I already have joint legal custody that I share with my son mother .

The mother of my child have residential custody. And now the grandma trying to get residential custody and they both live in the same home mom and daughter.

Richard Diamond
Richard Diamond
answered on Aug 8, 2022

Interesting question. The question is what role does the grandmother play in the child's day to day life and why? If the answer simply is that your ex lives in the same house with her mother, presume that it is not sufficient but if the grandmother is primarily responsible for the child's... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: My Mom passed away and my sister is an executor. I'm a beneficiary. my sister asked me to meet with her & realtor.?

I am not sure if this is the right thing to do, is meeting both parties Realtor and my sister at Mom's house. any advice? I have twin 10-year old's and I am a widow myself and not working. What do you think will happen and how does this work.

Richard Diamond
Richard Diamond
answered on Aug 4, 2022

My guess is that your sister is planning to list and sell your mother's home as part of her handling of the estate, or she wants to discuss with you the value of the home for her / you to keep as part of the division of assets of the estate. My suggestion is that you can meet with her and her... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Ex-husband paid a $35k bill for me 7 years ago. He is now asking for it back.

We have been divorced for over 10years and when we settled out of court the deal was that he would make sure I always lived in the same area as when we were married so our daughter could continue going to the same schools. I lost my job and fell behind on my house payments the bill totaled $28-35K... Read more »

Richard Diamond
Richard Diamond
answered on Aug 1, 2022

It sounds like he honored his support obligation to you under the terms of the agreement but because you fell behind on payments for your mortgage over the past several years, he voluntarily assisted you in payments over and above his support obligation under the terms of your agreement and while... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Ex husband moved to Phillipines to avoid paying alimony

He was facing jail time for a dui charge as well so he ran. He and his boss have ignored NEW Jersey Probation for a year now as well to avoid paying his alimony. Can his boss be held accountable for willfully ignoring the order for wage garnishment?

Richard Diamond
Richard Diamond
answered on Aug 1, 2022

I presume that your former spouse's employment was / is in New Jersey and that your former husband still works for the company remotely. Presuming I am correct, then an order served upon the employer in New Jersey for garnishment is valid and must be honored. If the employer refuses to honor... Read more »

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2 Answers | Asked in Domestic Violence and Libel & Slander for New Jersey on
Q: My ex is blackmailing me. He wants money & is threatening to contact my family & job to mess w/my life. What should I do
Richard Diamond
Richard Diamond
answered on Aug 1, 2022

You have not given me sufficient information to understand the threat made, the reason for the threat, and what information he threatens to divulge to family members. While the easiest answer would be to say that he cannot threaten you or attempt to extort money from you, experience has told me... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My child’s father hasn’t paid child support in 14 months. Probation is giving me the run around. Called them 12 times.

Spoke to someone in November 2021 they said I would receive a court date in a few weeks. In January 2022 someone else said they need to look into it. February 2022 they need to verify address/phone number that I gave them. March 2022 somehow didn’t have a record of the address so I provided it... Read more »

Richard Diamond
Richard Diamond
answered on Jul 27, 2022

Im sorry for the experience you are dealing with trying to enforce child support through the probation department system. I dont know if you have the ability to reach out to the senior probation department manager of the county to ask for assistance or if you can contact the head of the probation... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: how long can a parent use babysitter for a child and not use the availability of another parent

i go to work and have to leave my child with the baby sitter for around 10 hours. Can I use the baby sitter or have to leave the child with other parent if the other parent is available

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

Based on your work schedule, someone needs to watch your child and it can be up to 10 hours per day during a normal work week and you have been using a babysitter for that role, but your ex is available to watch your child during that same time frame. So, I gather you would rather pay a babysitter... Read more »

1 Answer | Asked in Criminal Law and Child Custody for New Jersey on
Q: Im 17 my boyfriend is 18.if I have a video confection of my mother kicking me out could she put a runaway report on me

Could my 18 year old boy friend get in trouble for me being at his home being 17 and being kicked out my family’s home

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

You are 17 yours old and you and your mother had a fight. As a result, you have decided to move in with your 18-year-old boyfriend. I presume that your mother wants you to come home and you do not want to do so. I'm also guessing that you are still in high school, so the next question is what... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: How do I get a Continuance for an ongoing Family Court case in NJ? And are my reasons legally legitimate?

What is the procedure for requesting a continuance in Civil Family Court in NJ? 

I’m asking for a friend. 



Also we need to know if his reasons for a continuance are legally legit: 

He has two main reasons - 1) He needs more time to find legal representation. We have... Read more »

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

If there is a matter pending before the court, you must contact the judge's chambers for the judge hearing the case and ask him to give you an adjournment. You can call the judge's chambers and ask to speak with the secretary or the judge's law clerk and provide your reasoning for... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: My dad died in November of 2021. Many years ago he had asked me for my social security number to put money in my name.

In a bank account. We never spoke about it again and to be honest I never thought about it until he passed. In a case like this is there any way to find out if there’s an account with both our names on it?

Richard Diamond
Richard Diamond
answered on Jul 21, 2022

When your dad passed away, who was in charge of his financial affairs? Im sure that the accounts identified whether they were in his name alone or in joint name or payable to you upon his death.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I have sole legal and residential custody. There is nothing about visitation on divorce. He sees sim 2x a month.

This is the 2nd time I get him and he has a alarming mark on him. First time a deep scratch on pubic area. Today 3 red mark on the side of his neck. I asked father both times with pics and he says he knows nothing about that. I’m worried and I want to know what should I do now ?

Richard Diamond
Richard Diamond
answered on Jul 19, 2022

Is the reason why you have "sole custody" of your child because of concerns over physical violence from the other parent? I dont know how old your child is but if you have concerns over the presence of marks after a visit, then contact DCPP and let them know what your concerns are and let... Read more »

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