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Questions Answered by Richard Diamond
2 Answers | Asked in Child Support for New Jersey on
Q: How long after a hearing for child support before judge schedules decision? Hearing was May 27 and no response

Motion filed pro se. Judge ran out of time because hearing was held at 5. Said we would be on record with decision following week. Am now told that court is booked and they don’t know when judge will get us back on record. It will be a month on Friday and crickets from court

Richard Diamond
Richard Diamond
answered on Jun 23, 2022

I am guessing that the court never began the actual arguments on the record in your matter concerning child support. Like every other profession in the world, things sometimes fall through the cracks, and you need to follow up with the judge's chambers to inquire as to the status of the... Read more »

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: What does it mean when I have current balance due of a negative -$7000 in childsupport
Richard Diamond
Richard Diamond
answered on Jun 23, 2022

Either there is a major mistake in your account in your favor or you have overpaid your support obligation by 7,000. I would reach out to your probation department account officer to ask that an audit be undertaken on your account to confirm the error/overpayment. If there is an overpayment, then... Read more »

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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Child custody order is being violated in many different ways. What do I do?
Richard Diamond
Richard Diamond
answered on Jun 13, 2022

That is a good question and one where family law attorneys earn their keep. You need to sit down with a family law attorney to map a master plan to address the issue of non-compliance and the timing of an application to the court for relief. The purpose of sitting down with the lawyer now is to... Read more »

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1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: Hello-I was engaged to my fiance who has passed away. Do I have any legal rights at this point?

Hello-I was engaged to my fiance who has passed away. We shared his house for the past 2 years, but I was fully moving in this month. I had 1/2 of my belongings there. We were to be wed in September of this year. My son and I were in the process of moving in and had boxes everywhere. My name... Read more »

Richard Diamond
Richard Diamond
answered on Jun 9, 2022

Have you spoken with his children as to that text? I would find out if they are ok with you getting the house. I would also meet with a lawyer who specializes in estate planning, to review that text to see what steps you need to take at this point. Rest assured that his first question will be... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife filed a restraining order with my address but she has not lived there in 2 months. How do I get back in myhouse

The house is in my name only

Richard Diamond
Richard Diamond
answered on Jun 9, 2022

You need to meet with a family law attorney experienced in handling domestic violence matters. In the complaint ( which presumably was served on you by the police), on page 1, it will have the allegations made by your wife to get the temporary restraining order and the dates for each item. I dont... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Can I refuse a hair folicle test?

are results admissable in family court

Richard Diamond
Richard Diamond
answered on Jun 8, 2022

I presume that there is an issue outstanding as to drug use and either your spouse, former partner, DCPP, there is an application before the court to compel you to submit to a hair follicle test or there is a court order entered requiring the hair follicle testing.

The bigger question has...
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2 Answers | Asked in Child Custody for New Jersey on
Q: Can I get guardian custody of my child if they live in another state
Richard Diamond
Richard Diamond
answered on Jun 6, 2022

I'm sorry but I do not understand your question since you are the other parent of your child and presumably, you have a custodial role in your child's life? My sense is that your ex and your child live in another state and there has been a discussion about your child coming to live with... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for New Jersey on
Q: If judge determines no CS due to equal joint custody, can other parent be granted " turn over full SSD Auxiliay benefit

Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... Read more »

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I have split cost with my ex on college cost for my child. Would transportation cost include car for my teen? Thx

College costs- transportation

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

In most divorce agreements, transportation costs are addressed in the agreement as an included item or an excluded item. My suggestion is to review your settlement agreement to see what the language says about an automobile for your child and/or the payment of transportation costs for your child to... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Married March of 2021 separate a year later Division of crypto assets

I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Based on the limited information provided, it would be unwise if not irresponsible to give you black and white legal advice. You need a consultation with a family law attorney. Lets start off with whether NJ has jurisdiction over your matter yet. To have jurisdiction to file a complaint for divorce... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

Richard Diamond
Richard Diamond
answered on May 31, 2022

The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the... Read more »

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4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

You started off saying that you are married. So, the real question is where is your 90% coming from and where is your wife's 10% coming from? If the money is all coming from your employment-related income during the marriage, then it is marital money being used to buy the home and anyone who... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: I live in NJ and my daughter (13 years old) and I want to move to California. Is she old enough to decide for herself?

She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?

Richard Diamond
Richard Diamond
answered on May 17, 2022

No. You must file an application with the court and if your ex is opposed to the relocation, you will then be in a position to prove that the move is in your daughter's best interest - the legal standard for relocation changed several years ago. In the past, it was much easier for the... Read more »

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3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Richard Diamond
Richard Diamond
answered on May 16, 2022

Despite the effect of Covid on the court system over the past 2 years, judges and their staff are now back in the courtrooms throughout the state and the court system is getting back to running normally. Regardless of whether you seek enforcement of your child support order, he always has the right... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Is filing a motion in court the only way I can get my ex to sign up on “talking parents “ site ?

NJ - been divorced for 8 years.

Ex and I share custody of our only son (15 years old) . I am the residential parent and, he gets parenting time.

This was up to last year in June that is when he moved to the state of Florida.

Until today he didn’t say anything regarding... Read more »

Richard Diamond
Richard Diamond
answered on May 16, 2022

I have been a family law attorney for the past 35 years and will give you my thought on your inquiry instead of legal advice. You can file an application with the court and you can lay out all of the information supporting an alternate app for communication purposes and a judge can enter an order... Read more »

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: If we have a son and own a house together. Can I go live somewhere else with my son before the divorce?

Does this will have a bad consequence in the time of custody and division of property?

Is it better for me to wait until we dissolve the marriage and then leave?

Richard Diamond
Richard Diamond
answered on May 11, 2022

You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I don't go to court and I was the one who filed will it be dropped or will I get in trouble of I don't show
Richard Diamond
Richard Diamond
answered on May 11, 2022

If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if... Read more »

1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: how much would a lawyer charge to do a sijs case?

My sister is completing 21yrs old by the end of august, she is living in the USA on a expired B2 visa. Recently she found out that she could be eligible for the SIJS since she meets the criteria. The lawyer she talked to was asking for $7k to represent her, i thought that was a high price, i know... Read more »

Richard Diamond
Richard Diamond
answered on May 10, 2022

The issue is purely an immigration claim and needs to be answered by an immigration law specialist. Our firm specializes in divorce and family law issues and while there is an overlap between immigration issues and family law, in this setting, it is best to address your concerns over costs and... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

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