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Questions Answered by Richard Diamond
2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: My ex wife has been receiving SSDI child support payments for the 4 children but I don't get credited for the payments
Richard Diamond
Richard Diamond answered on May 19, 2021

If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: I have been battling a 4.5 year divorce. How do I get out of this? Judge is biased because ex is ill. No access 401k o

I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »

Richard Diamond
Richard Diamond answered on May 11, 2021

I can simply suggest that you meet with one of the lawyers in our office or meet with another certified divorce and family law trial lawyer by the NJ Supreme Court to review your matter, the rulings by the judge handling your case and the alternatives available to you at this stage.

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1 Answer | Asked in Child Custody for New Jersey on
Q: Hello, which court order does a mother need to file for a child custody case?
Richard Diamond
Richard Diamond answered on May 11, 2021

I am presuming you are looking to file an FD complaint in the non-dissolution part of the family court part for custody and parenting time and as a pro se, you need to go through the court form to check off all of the applicable boxes and then provide a detailed statement of pertinent information (... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Richard Diamond
Richard Diamond answered on May 7, 2021

Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition... Read more »

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1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »

Richard Diamond
Richard Diamond answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My husband and I are divorcing and have drafted a settlement agreement outlining all issues concerning the children,

property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2021

If you and your husband have prepared a formal settlement agreement resolving all issues outstanding ( as opposed to a document "outlining" same), in filing your respective pleadings with the court, you and your husband can simply seek enforcement of the settlement agreement and let the... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: My son is 23 I am still paying child support for him cause his mom is playing the disabled card

My sone needs a liver but he can do everything on his own he can walk fine feed himself go to gym even plays video games and goes to the mall alone and has had jobs his mother uses him as a meal ticket I do owe back support I got behind cause I can’t offord it I pay less for my teen girls... Read more »

Richard Diamond
Richard Diamond answered on Apr 29, 2021

Under the law in New Jersey, a child is presumed emancipated at age18 / graduation from high school. If the child goes on to college / trade school following his graduation from high school, emancipation can be deferred but not past age 23, except if he is disabled, but the definition of disability... Read more »

5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
Richard Diamond
Richard Diamond answered on Apr 29, 2021

When is the return date of your domestic violence matter? Whether you think your ex has filed a false complaint against you or not, you need an experienced family law attorney to represent you since the consequences of a court's finding of domestic violence against you has serious... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2021

The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.

2 Answers | Asked in Family Law for New Jersey on
Q: I called my daughter like I do everyday come to my out my wife left the state of New Jersey with permission a call nothi
Richard Diamond
Richard Diamond answered on Apr 23, 2021

I gather your ex moved out of the state of New Jersey recently with your daughter and did so without your permission and presumably without getting a court order to permit it to occur. I dont know how often you see your daughter or how often she is in your care, but presuming you live in New... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: whi is it im paying child support for an adult whos mom clames he is disabled when he can do everything for himself

my child is 23 i pay child support for him his mother says he is dis abled when i have pictures that he gose to the gym is able to walk himself and feed and use the bathroom on his own but yet i still pay child support for him

Richard Diamond
Richard Diamond answered on Apr 22, 2021

Good question. Maybe its time to see a divorce lawyer to discuss the filing of an application with the court for termination of your child support obligation? Under the law, there is a specific definition of disabled applicable to a termination of child support matter. If presented properly, the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Why did I receive a letter from child support when I didn't apply?

I recently received a letter from Child Support giving me a user id and a temporary pin. I am the custodial parent and I didn't request child support. I am the sole person financially responsible for my dependent.

I recently was served with papers regarding custody/visitation. Could... Read more »

Richard Diamond
Richard Diamond answered on Apr 22, 2021

Yes. Please also make sure that you file your response to the custody / parenting time request promptly if you object to the custody or parenting time sought by your ex. You cannot simply walk into court and tell the court your objection. Under the court rules, you must file a specific written... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Medical Malpractice for New Jersey on
Q: Can I sue for the medical neglect, physical abuse, emotional abuse and sexual exploitation of my daughter in DDD homes

I have taken her out and collected documentation of beatings, lack of psychiatric care, broken arm and exposure to constant sexual exploitation.

Richard Diamond
Richard Diamond answered on Apr 22, 2021

You need to sit down with a "certified civil trial lawyer by the NJ Supreme Court" to discuss your legal rights. This is obviously not a family law question but a matter involving the potential for a civil lawsuit for damages. If you run a search for a lawyer, type in the information... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: NJ jurisdiction vs Fla jurisdiction. No one will address Family Law issues on divorce and custody

My niece has 2 children from previous marriage. Ex-husband filed divorce in Florida in 2017. She & children already lived in NJ, but Fla granted divorce & visitation agreement. NO ONE will address matters where ex husband & his attorney keep filing in Fla and demanding she respond, yet... Read more »

Richard Diamond
Richard Diamond answered on Apr 21, 2021

There are several questions presented and we have dealt with this issue on a number of occasions over the course of years.

1. At the time that father filed for divorce, if he was a resident of Florida for at least a year, he had the right to file for divorce in Florida even if your niece...
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2 Answers | Asked in Child Support for New Jersey on
Q: Is there a formula to determine child support in NJ when the children are living at college for part of the year?

I currently collect child support for 2 children aged 17 & 20. Both plan to attend college in the fall and live on campus. I've been divorced from their father for 12 years. For the first 6 years I had a court order which a received mostly alimony and child support. When the alimony... Read more »

Richard Diamond
Richard Diamond answered on Apr 20, 2021

The child support guidelines apply up through a child's graduation from high school. But if a child goes on to college or to a trade school after graduation from high school, a parent can still be obligated to pay direct child support or contribute to the cost of the child higher education... Read more »

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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Hey if you sent a lawyer money for a immigration case but he not yet start and you have not sent no documents also can

Get you money back ? He also a family lawyer and I really want to use the money for a family case now cause it more urgent than the immigration case

Richard Diamond
Richard Diamond answered on Apr 16, 2021

Best way to know - is to ask him. I dont know what the terms of your retainer agreement with him were but if he has not started work on your matter, you should be able to get your money back from him.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: In NJ if a judge adjourns 60 days to get anger management. But I only need 4 hrs. Can my case be seen sooner?
Richard Diamond
Richard Diamond answered on Apr 7, 2021

Your ex filed a domestic violence complaint against you and alleged that you have anger management issues. After taking testimony on her complaint, I am guessing that the judge ruled against you and as part of his ruling, required you to attend anger management. I dont know if the judge limited the... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Interstate: California has Jurisdiction over divorce, filed first there. NJ just issued a dissolution. Where do I start?

I filed first in California 8/14/17. He filed in NJ in June 2020. NJ has jurisdiction over division of assets and custody but CA retained jurisdiction over status of divorce. He would not agree to settlement, so we had not moved forward with divorce. Judge issued dissolution without ordering us to... Read more »

Richard Diamond
Richard Diamond answered on Mar 29, 2021

The issue of jurisdiction occurred on a regular basis... but there are a few issues that need to be sorted out.

1. If you filed first in California, did you then have him personally served with California complaint for divorce and if so, when did service of process of that complaint take...
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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
Richard Diamond
Richard Diamond answered on Mar 29, 2021

Start off by writing him through email or text, telling him that you feel that he is not honoring the terms of the civil restraining order and that if he violates it again, you will be forced to file a new domestic violence complaint against him and you will use his ongoing violations of the civil... Read more »

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