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Health reasons. Can she become poa while living in NY? She's being told she can only be poa if she resides in PR.
answered on Jul 5, 2022
The person holding a "power of attorney" has the responsibility to oversee the incapacitated person's care. I presume that your uncle is in poor condition, and it is difficult for someone living a great distance away to oversee his care - which is why I gather the healthcare facility... View More 
When I was 13 or so, my grandmother passed away. For perspective, I am 21 now. She left the family with an estate worth X amount. Seeing as though I was only 13, I was never contacted about anything regarding the estate and never knew anything about it. That being said, the estate took many years... View More
answered on Jul 5, 2022
The short answer is that the estate documents should have referenced the appointment of someone on your behalf since you were a minor and entitled to receipt of benefits under the estate plan. I dont know what complications took place causing an 8-year delay in winding up the estate but that may... View More
Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... View More
answered on Jul 5, 2022
You need to sit down with an experienced family law attorney to discuss your options. This type of claim is not simple and sounds like an application will need to be filed with the family part for various forms of relief. As to the viability of a defamation claim (similar to Johnny Depp's... View More
Motion filed pro se. Judge ran out of time because hearing was held at 5. Said we would be on record with decision following week. Am now told that court is booked and they don’t know when judge will get us back on record. It will be a month on Friday and crickets from court
answered on Jun 23, 2022
I am guessing that the court never began the actual arguments on the record in your matter concerning child support. Like every other profession in the world, things sometimes fall through the cracks, and you need to follow up with the judge's chambers to inquire as to the status of the... View More
answered on Jun 23, 2022
Either there is a major mistake in your account in your favor or you have overpaid your support obligation by 7,000. I would reach out to your probation department account officer to ask that an audit be undertaken on your account to confirm the error/overpayment. If there is an overpayment, then... View More
answered on Jun 13, 2022
That is a good question and one where family law attorneys earn their keep. You need to sit down with a family law attorney to map a master plan to address the issue of non-compliance and the timing of an application to the court for relief. The purpose of sitting down with the lawyer now is to... View More
Hello-I was engaged to my fiance who has passed away. We shared his house for the past 2 years, but I was fully moving in this month. I had 1/2 of my belongings there. We were to be wed in September of this year. My son and I were in the process of moving in and had boxes everywhere. My name... View More
answered on Jun 9, 2022
Have you spoken with his children as to that text? I would find out if they are ok with you getting the house. I would also meet with a lawyer who specializes in estate planning, to review that text to see what steps you need to take at this point. Rest assured that his first question will be... View More
The house is in my name only
answered on Jun 9, 2022
You need to meet with a family law attorney experienced in handling domestic violence matters. In the complaint ( which presumably was served on you by the police), on page 1, it will have the allegations made by your wife to get the temporary restraining order and the dates for each item. I dont... View More
are results admissable in family court
answered on Jun 8, 2022
I presume that there is an issue outstanding as to drug use and either your spouse, former partner, DCPP, there is an application before the court to compel you to submit to a hair follicle test or there is a court order entered requiring the hair follicle testing.
The bigger question has... View More
answered on Jun 6, 2022
I'm sorry but I do not understand your question since you are the other parent of your child and presumably, you have a custodial role in your child's life? My sense is that your ex and your child live in another state and there has been a discussion about your child coming to live with... View More
Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... View More
answered on Jun 2, 2022
you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... View More
College costs- transportation
answered on Jun 2, 2022
In most divorce agreements, transportation costs are addressed in the agreement as an included item or an excluded item. My suggestion is to review your settlement agreement to see what the language says about an automobile for your child and/or the payment of transportation costs for your child to... View More
I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... View More
answered on May 31, 2022
Based on the limited information provided, it would be unwise if not irresponsible to give you black and white legal advice. You need a consultation with a family law attorney. Lets start off with whether NJ has jurisdiction over your matter yet. To have jurisdiction to file a complaint for divorce... View More
What can I do. I don't want to get divorced but if I do can I recoup anything.
answered on May 31, 2022
The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the... View More
My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... View More
answered on May 31, 2022
Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... View More
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... View More
answered on May 31, 2022
You started off saying that you are married. So, the real question is where is your 90% coming from and where is your wife's 10% coming from? If the money is all coming from your employment-related income during the marriage, then it is marital money being used to buy the home and anyone who... View More
She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?
answered on May 17, 2022
No. You must file an application with the court and if your ex is opposed to the relocation, you will then be in a position to prove that the move is in your daughter's best interest - the legal standard for relocation changed several years ago. In the past, it was much easier for the... View More
I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently
Nothing can really be done with Covid to... View More
answered on May 16, 2022
Despite the effect of Covid on the court system over the past 2 years, judges and their staff are now back in the courtrooms throughout the state and the court system is getting back to running normally. Regardless of whether you seek enforcement of your child support order, he always has the right... View More
NJ - been divorced for 8 years.
Ex and I share custody of our only son (15 years old) . I am the residential parent and, he gets parenting time.
This was up to last year in June that is when he moved to the state of Florida.
Until today he didn’t say anything regarding... View More
answered on May 16, 2022
I have been a family law attorney for the past 35 years and will give you my thought on your inquiry instead of legal advice. You can file an application with the court and you can lay out all of the information supporting an alternate app for communication purposes and a judge can enter an order... View More
Does this will have a bad consequence in the time of custody and division of property?
Is it better for me to wait until we dissolve the marriage and then leave?
answered on May 11, 2022
You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.
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