Get free answers to your legal questions from lawyers in your area.
Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More
answered on Dec 1, 2024
Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More
Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?
answered on Nov 21, 2024
The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.
Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the... View More
The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More
answered on Oct 29, 2024
Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More
I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now
married for the last 8 years.... View More
answered on Oct 27, 2024
You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More
answered on Oct 21, 2024
It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More
I have a child that is 2 years 8 months. I am not together with the father. He is on the birth certificate. He did not pay for any prenatal care or for the birth. At the time I was working and had insurance and he was not working as he was studying full time.
answered on Sep 21, 2024
As far as I am aware, the "Unborn Child Support Act" was introduced in 2022 as proposed federal legislation.
The bill never made it out of committee.
It was then reintroduced in 2024 and, as far as I understand, has not been approved by Congress.
Even still,... View More
The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.
answered on Aug 30, 2024
In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More
Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties
answered on Sep 9, 2024
When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete... View More
answered on Jun 13, 2024
An annulment means that there was a fraud that went to the heart of the marriage and for court purposes, you need to be able to prove that fraud, and the longer the marriage lasted, the more difficult it will be to prove a fraud.
If the purpose of your inquiry is for religious reasons, you... View More
They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.
answered on Jun 4, 2024
They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.
Separately, if there are deficiencies, you need to a deficiency... View More
The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More
answered on Jun 3, 2024
The father says that he is willing to support his child. Presuming he is being honest, why would you then file an application with the court to potentially get the same amount that he is offering without court intervention?
If anything, hire a lawyer to know what you are entitled to... View More
He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.
answered on Jun 1, 2024
If your son graduated from college, isnt it safe to say that he is emancipated under the law? I presume your settlement agreement imposed a support obligation on your former husband until your son graduated from college. Typically, a payor would reach out to the other spouse in advance of the... View More
Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?
And can... View More
answered on May 31, 2024
It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More
The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More
answered on May 27, 2024
You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More
My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More
answered on Apr 29, 2024
It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More
I don't see any monetary for damages tho. Is there a next step or am I suppose to file something
answered on Apr 24, 2024
I have no idea what requests were sought as part of your summary judgment application.
My suggestion is that you pay a lawyer for his / her time to review your summary judgment application, the opposition filed, the reply papers filed ( with all exhibits) and the proposed form of order you... View More
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More
answered on Apr 20, 2024
Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More
Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More
answered on Apr 9, 2024
I agree that Hudson County is one of the worst in the state for delays in the family part but it may also mean that your papers got lost or are sitting someplace with dust accumulating on them. Your lawyer should be able to tell you which judge the matter is assigned to and he / she should have... View More
The agreement doesn’t specify termination date
answered on Apr 1, 2024
I have been a divorce lawyer for the past 38 years and I dont think I have ever had someone say that they voluntarily have paid alimony for the past 10 years with no writing in place and even after the other spouse remarried. I presume you have been making all of your payments directly and not... View More
My husband left and served me divorce papers in Oct. 2021- my was 16 at the time and now 18 and in college - I have not received any child support or aid for my daughters college - my lawyer claims to file a motion but court said they never received - I am suffering financially because of the... View More
answered on Mar 22, 2024
My suggestion is that you need to schedule a consultation with another divorce lawyer. I dont know what occurred between you and your current lawyer but obviously there is an issue. If you want, write to the lawyer and ask him if he can schedule 10 minutes to update you on the current status of... View 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.