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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
This is a domestic violence case with extensive misuse of marital funds and loss.
answered on Feb 28, 2024
If the trial is over and the court has ruled on all issues outstanding and has issued a decision ( from the bench or in writing), you have the right to seek an appeal of his rulings to the appellate division. There is a specific time frame for the filing of an appeal, specific documents that must... View More
award me joint custody of our daughter? I've been accused of doing drugs, which I disproved over and over with clean hair follicle tests, having my child withheld whenever the father feels like changing the schedule. Also, when my daughter was a baby and I asked the judge when I can raise... View More
answered on Feb 16, 2024
I understand your frustration but there are pieces to this story that are missing and the best advice I can give you is to sit down with an experienced divorce lawyer to review the history of the court orders entered in your matter and review the certifications filed in support of your requests and... View More
We live in New Jersey and got married there. Before the wedding we (couple) created our own document and signed it ourselves but had no lawyer/notary involved.
Now to register the wedding in another country (one of us is not a US citizen so we wanted to register in both) the other country... View More
answered on Feb 15, 2024
I understand the question and the short answer is that you can try to find a notary that is willing to sign the document acknowledging your respective signatures. If you and your spouse talk with the notary and acknowledge that the signatures affixed to the document are your signatures, the notary... View More
Currently ignoring filed motions that contain new evidence of plaintiff perjury, njdcpp ethics, falsification of medical documents, more. Judge knows this evidence destroys the case against me and her judgement. promised she was not going to hear it. Can I compel judge to hear my motions and see my... View More
answered on Feb 12, 2024
Not necessarily and it does not mean that the judge is wrong or that the appellate division will reverse the courts actions. When a matter is filed in the court system, parties are obligated to file / serve specific discovery requests and those requests for information MUST be produced to the other... View More
I have dead line for answer for my divorce case but I need more time.
Since the date is in court order I would like to know if I can ask the court strait for extention or I have to reach up the other parties before I filed to court? Nj
answered on Jan 30, 2024
If the deadline to file an Answer is set forth in a court order, you need to comply with that deadline. My guess is that the other lawyer is not going to give you additional time. BUT, go online and google form Answer to divorce complaint in New Jersey and I have to beleive that there are plenty of... View More
I became pregnant at 17 and made my dad aware. He told me that if I kept the baby, I would be out of the house but if I got rid of the baby, I could stay. I decided to keep the baby but asked if I could stay at least until I finished school and he continued to say that if I kept the baby, I would... View More
answered on Jan 28, 2024
You need to meet with a social service worker from the county where you lived while living with your dad to find out what resources are available to you for healthcare, schooling, housing, etc to be able to finish school and for the baby's benefit. I would also talk with the father of your... View More
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