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Questions Answered by Richard Diamond
2 Answers | Asked in Child Support for New Jersey on
Q: My ex filed for child support 5 months ago but haven’t got a court date or any actions taken yet will I owe Those months
Richard Diamond
Richard Diamond answered on May 26, 2020

When your ex filed her application for child support, did you call the court to find out which judge the application was assigned to and when was the return date? Sitting back and waiting for an order from the court is the worst way to handle this issue. To begin with, the court will view the... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: We met a couple of times She got pregnant She asked me for money for abortion I sent it and then she said it was done

She calls 8 months after saying she kept it and I am not ready to be a father

What do I do

Richard Diamond
Richard Diamond answered on May 26, 2020

From the information provided, im not sure if you are being scammed by a con-artist or if she legitimately was not sure what she wanted to do and in the end, decided to go forward with the birth. But, before I would give her another penny, I would ask for the birth certificate, medical records for... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement... Read more »

Richard Diamond
Richard Diamond answered on May 26, 2020

Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: I have an asset overseas... is that part of any divorce settlement?
Richard Diamond
Richard Diamond answered on May 26, 2020

All assets acquired during the course of the marriage, in your name, in her name, in joint name or in the name of a business entity in which you or your spouse have an interest in are presumed to be in the pot subject to equitable distribution, regardless of whether an asset is in New Jersey or... Read more »

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2 Answers | Asked in Contracts and Family Law for New Jersey on
Q: Can I make a legally binding agreement with my husband?

I want to separate from my husband. We have two kids, I don't work, and I would like to keep the kids. My husband has told me he would provide for me my rent, and a weekly amount of money, since I don't work and I need to take care of both kids.

Can we make a legal agreement... Read more »

Richard Diamond
Richard Diamond answered on May 22, 2020

My sense is that you are trying to figure out how to tiptoe through emotionally difficult terrain, fearful that if you push too hard, your husband will start making demands to share the children and then refusing to give you money for yourself and your children. You are the perfect person to sit... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: what can a defendant do when in 3 family orders the judge keeps making the same mistake that are impacting all 3 orders

Last june the judge ordered the plaintiff to provide me with the child's amount of social security benefits by that July 11. They did not and ignored the order and as a result I could not get numbers to adjust my child support. I had to hire a lawyer to file a motion to enforce. When the... Read more »

Richard Diamond
Richard Diamond answered on May 20, 2020

Is it safe to say that the lawyer you hired to file that application was not a family law specialist? From what I can glean from your inquiry, you have a child support obligation and your child is receiving social security benefits as a result of social security benefits being paid out as a result... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: How long does the process take to get an order from the court for grandparent visitation?
Richard Diamond
Richard Diamond answered on May 13, 2020

About 1-2 times per month, my office will get a call from a grandparent asking if they can file an application with the court to compel visitation with their grandchild.

In response, we start off with a discussion on the statute governing visitation for siblings and grandparents, which is...
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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: In NJ does Sole Custody include physical and legal custody?

My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son... Read more »

Richard Diamond
Richard Diamond answered on May 7, 2020

Its rare for a court to award sole custody to a parent today, so im sure that the doctors office is on "auto pilot" and does not know how to interpret it.

Under the laws applicable in New Jersey, when parties are divorced and there is a joint legal or a joint physical custodial...
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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My father owns house in NJ. Mother passed 2010, house still in both their names. In will, they left to ONE sibbling of 7

Can this be contested? Would it go through probate?

Richard Diamond
Richard Diamond answered on May 6, 2020

The short answer is that you need to have a consultation with an estate law specialist.... not a general practitioner who does some estate work. Here though is the question that he is going to ask since your dad is still alive. I presume that the house is in joint name between your mom and your dad... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My wife and I divorced after 30 years. We had an insurance policy where I am the beneficery. Company says they can't pay

me because it's not in the divorce decree so I'm no longer the beneficiary. Is this true or can something be done?

Richard Diamond
Richard Diamond answered on May 6, 2020

I gather your former wife has passed on. The language relied upon by the life insurnace carrier to question your entitlement to claim the benefit is "insurable interest". After a divorce, one party may have an obligation for the maintenance of life insurance on his / her life to secure... Read more »

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2 Answers | Asked in Family Law, Business Law and Legal Malpractice for New Jersey on
Q: . How can I create a legal binding promissory note?

My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

The issues presented are as follows:

1. protecting your friend from the IRS in the event of a triggering event for liability,

2. give your friend confidence that she is properly protected from liability AND

3. guarantee that its your business and that if its successful,...
Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Continuation of Child Support request for child who is transferring from Community College to College - Procedure?

My daughter has always been an A student, her GPA has always been high and is 3.9 right now; she is part of the Honors Program/Phi Theta Kapha and she has been included in the deans list several times; she works really hard; my ex-husband is informed and we have worked on this together. He knows I... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

You need to sit down with your former husband immediately to discuss your daughter going on to a 4 year school, since the issue will be whether she will live at home while attending college or whether she will be living at school while attending college. Those are 2 very different scenarios and... Read more »

3 Answers | Asked in Domestic Violence for New Jersey on
Q: How do I know if I’ve been charged with a crime during Covid

My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

I presume when you say that the police were called, you mean that you or your boyfriend called the police. If neither of you called the police, then someone called them because they were afraid that things were getting too far out of hand and the police needed to intervene. The short answer is that... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: Can I take my ex-wife to court for allowing my daughter to drop out of HS and not monitor the home school program?

I have Joint Custody of my 2 children, Daughter 17, Son 20 and Disabled. They both live with my ex-wife. The ex allows my daughter to do whatever she wants including not speak to me or complete the home school courses that I purchased for her. My daughter lies and says she does the work but the... Read more »

Richard Diamond
Richard Diamond answered on May 4, 2020

What I am hearing more than anything in your question is "frustration" that you feel that your daughter is making terrible decisions that will affect the rest of her life and you feel powerless to do anything about it since your daughter is not listening to you / returning your calls and... Read more »

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

Richard Diamond
Richard Diamond answered on May 1, 2020

This is not a family law issue. It is an estate lawyers area and you need to have a consultation with an estate lawyer promptly. While your mother may have wanted to have the proceeds of the sale of her home put into a trust, it sounds as if she procrastinated on getting the trust completed and... Read more »

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2 Answers | Asked in Child Custody and Juvenile Law for New Jersey on
Q: i'm 16 turning 17 and i want to move out of my house with my friend and his mother, if i have a job would it be fine?

my parents and i constantly argue and i want to move out, my friends mom has already told me i can stay with them as long as i pay rent which i would be fine with. but would my parents be able to stop me if they wanted to?

Richard Diamond
Richard Diamond answered on Apr 28, 2020

You are not going to like my response.... but I dont think I have ever met a 16 or 17 year old ( including myself when I was that age) who did not argue / fight with his / her parents. The fact that you and your parents are fighting does not mean that you are wrong or that they are wrong.... simply... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My ex husband had stopped paying child support and giving the rent money for 3 weeks now due to covid-19. What can i do?

He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.

Richard Diamond
Richard Diamond answered on Apr 28, 2020

Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I was a filipino citizen when I filed for divorce in US to wife in the Philippines. Now, Us citizen. Is it recognize?
Richard Diamond
Richard Diamond answered on Apr 28, 2020

If I understand your question correctly, you were a Filipino citizen and you filed a complaint for divorce in the United States against your wife (who was also a Filipino citizen) and presumably, you obtained a judgement of divorce against your wife. Since obtaining your judgment of divorce, you... Read more »

3 Answers | Asked in Child Support for New Jersey on
Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is... Read more »

Richard Diamond
Richard Diamond answered on Apr 28, 2020

This is a perfect case for where you need to hire a competent family law attorney to represent you. Based on the substance of your inquiry, it is clear that you do not understand the requirements for how to properly oppose his application; which means that you will do the wrong thing and he will... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My husband is all paid up with his child support. His child turned 21 in September of 2019. Still being garnished.

His child always received money through his SSD. When she turned 18, the ex went to asume to request child support as disability stopped. She never spoke to him or gave him a chance to set something up. He then ended up owing arrears only because it took months before the decision of how much he... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2020

Im not sure that you can handle this issue without the assistance of a family law attorney. There is nothing complicated about the issue but it seems as if you and your husband are banging your heads against the wall, not being able to constructively communicate with the probation department system... Read more »

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