Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Richard Diamond
1 Answer | Asked in Child Custody for New Jersey on
Q: I did not include my original MSA in a post divorce motion I filed. I am filing an amended motion. How do I list it?

Meaning it would now be EXHIBIT A, so do I change all of the other EXHIBITS down one in the alphabet (A becomes B; B to C, etc.), or do I add it in with a new letter (R in this case)?

This is just a simple technical question about how to add in an Exhibit. My Motion date isn't until... Read more »

Richard Diamond
Richard Diamond answered on Jan 19, 2021

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 »

1 Answer | Asked in Child Custody for New Jersey on
Q: I have filed a post divorce motion pro se in NJ. Will I be allowed to question her during oral arguments?

My ex has broken previous orders and is withholding my daughters from me.

Richard Diamond
Richard Diamond answered on Jan 4, 2021

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 »

3 Answers | Asked in Child Support for New Jersey on
Q: Can I take my ex to court for hacking into my emails and threatening to use them to keep me from filing child support
Richard Diamond
Richard Diamond answered on Jan 4, 2021

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.

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court in

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.

My income is close to zero. He... Read more »

Richard Diamond
Richard Diamond answered on Jan 4, 2021

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 »

View More Answers

2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Richard Diamond
Richard Diamond answered on Dec 30, 2020

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 »

View More Answers

4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

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 »

Richard Diamond
Richard Diamond answered on Dec 28, 2020

"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 »

View More Answers

2 Answers | Asked in Child Support for New Jersey on
Q: Is it legal for a wife to continue to collect child support from her husband whom she is married to and living with
Richard Diamond
Richard Diamond answered on Dec 24, 2020

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 »

View More Answers

2 Answers | Asked in Family Law for New Jersey on
Q: Can a mother keep a child away from a non biological male that was put on a birth certificate for insurance reasons.

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 »

Richard Diamond
Richard Diamond answered on Dec 21, 2020

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 »

View More Answers

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

Richard Diamond
Richard Diamond answered on Dec 21, 2020

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 »

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: Can a father change our sons last name if we are legally not married without my consent?

I plan on giving our son my last name, and I do not plan on changing it to his.

Richard Diamond
Richard Diamond answered on Dec 15, 2020

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 »

1 Answer | Asked in Estate Planning for New Jersey on
Q: What does this mean? 3B:21-4 - When removal will be denied whatvdoes all that mean hwo does it apply to?

What does all this mean? What exactly is any other instrument?

Justia US Law US Codes and Statutes New Jersey Code 2009 New Jersey Code TITLE 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS Section 3B:21 3B:21-4 - When removal will be denied

View the 2019 New Jersey... Read more »

Richard Diamond
Richard Diamond answered on Dec 8, 2020

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 »

2 Answers | Asked in Domestic Violence for New Jersey on
Q: I am a woman in NJ. I had a FRO entered by default by someone who sexually assaulted me when I was a minor.

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 »

Richard Diamond
Richard Diamond answered on Dec 8, 2020

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 »

View More Answers

2 Answers | Asked in Child Support for New Jersey on
Q: I am unemployed , lost income due to Covid-19. I have tried paying child support best I can but I no longer able. Help

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.

Richard Diamond
Richard Diamond answered on Dec 8, 2020

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 »

View More Answers

4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Richard Diamond
Richard Diamond answered on Dec 1, 2020

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 »

View More Answers

2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

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.

Richard Diamond
Richard Diamond answered on Nov 23, 2020

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 »

View More Answers

4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

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.

Richard Diamond
Richard Diamond answered on Nov 18, 2020

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 »

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: Father has new girlfriend that he has had my kids around with out my knowledge.

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 »

Richard Diamond
Richard Diamond answered on Nov 16, 2020

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 »

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married

I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married to her when i married my second wife.

I am now divorced from my first wife and want to marry my second wife to make it a valid marriage.

What should i do?

Richard Diamond
Richard Diamond answered on Nov 16, 2020

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 »

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Divorce and Family Law for New Jersey on
Q: Does a father have up to 1 year to sign baby's Birth Certificate?

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 »

Richard Diamond
Richard Diamond answered on Nov 12, 2020

The process is actually quite simple to change the birth certificate.

To start, go to "Correcting a Vital Record in New Jersey" at https://www.nj.gov/health/vital/correcting-vital/#2

If, you are uncertain or unable to find the correct form, you can also call...
Read more »

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: My father died intestate in NJ Only real asset is escrow on apartment of 1k a Pension has no beneficiaries.

Pension people will not talk to me until I have small affidavit

Pension is minor but I don’t know total. They won’t tell me without affidavit

which I can’t get until Iknow

Richard Diamond
Richard Diamond answered on Nov 12, 2020

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 »

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.