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answered on May 11, 2022
If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if... View More 
My sister is completing 21yrs old by the end of august, she is living in the USA on a expired B2 visa. Recently she found out that she could be eligible for the SIJS since she meets the criteria. The lawyer she talked to was asking for $7k to represent her, i thought that was a high price, i know... View More
answered on May 10, 2022
The issue is purely an immigration claim and needs to be answered by an immigration law specialist. Our firm specializes in divorce and family law issues and while there is an overlap between immigration issues and family law, in this setting, it is best to address your concerns over costs and... View More
Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... View More
answered on May 9, 2022
This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... View More
NJ - divorced for 9 years.
Ex moved out of state to florida a year ago- has a new job and new medical insurance that he provides to our only son (15 years old)
Based on our agreement mandated by the court I pay the first $250.00 per year and, anything after that we pay half each.... View More
answered on May 9, 2022
Your agreement called for you to pay the first 250.00 of unreimbursed healthcare costs per year for your son (which includes prescription drugs, doctor co-pays, dentist appointments, etc - not 250 per item per year). You and your ex agree to share the cost of the ortho treatment, and he starts off... View More
background father has a rental income producing property and still does not pay child support he is also in and out of jail constantly. i am facing eviction.
answered on May 9, 2022
Its not that simple. The best advice I can give you is to have a consultation with a family law specialist to review the amount of child support arrears outstanding ( get a printout from your account) and the details of your ex's ownership interest in the income-producing property and have the... View More
answered on May 9, 2022
You can file a new change application through the court system by going to the court system website and formally filing an application for a name change (requires the filing of a complaint, publication, notice requirement, etc ) or you can go through the social security administration system for a... View More
In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... View More
answered on May 3, 2022
Yes - because the purpose of the payment of alimony has to do with her financial dependency status as a result of the length of the marriage, the difference between your respective income settings, etc.
Think about the following example:
you were married for 15 years, during which... View More
I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.
answered on May 3, 2022
The short answer is yes you can get divorced from him.
The process requires the filing of a complaint for divorce.
After the complaint for divorce is filed, your lawyer needs to undertake a good faith effort to locate him for service of the complaint.
If as a result of... View More
answered on May 2, 2022
If you have an agreement or a court order as to parenting time and he is improperly refusing to comply, then you have a right to file an application with the court for relief against him for violation of your parenting time. Before you file though, you should reach out to him by text or otherwise... View More
Parties entered into an MSA based on 50/50 custody. Plaintiff argued for child support and primary parent rights two years later based upon significant changes and won. Court ordered child support be paid under NJ state guidelines. Plaintiff now wants to enforce MSA that states defendant should... View More
answered on May 2, 2022
Ordinary extracurricular activities are covered in the child support guidelines but if your child's participation in a sports program is an "extraordinary" type of reoccurring expense, it can be addressed separately.
So, the 1st question is whether you agreed to share in... View More
My daughter just turned 10. My relationship with her dad lasted 12 years and it was toxic and I was abused by him. He was a pathelogical liar. Well now he is coaching my daughter to lie and I have written proof for 2 incidents. My daughter is now lying so bad it is hurting me to see. Her dad... View More
answered on Apr 26, 2022
The difference between alienation type behavior and estrangement type behavior has to do with the reaction of the other parent to the setting. You believe that your ex is willfully assisting in driving the wedge between you and your daughter. Yet, if you file an application with the court, your ex... View More
Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?
answered on Apr 25, 2022
The most important question is whether the temporary restraining order provided your ex with any visitation with the children pending the outcome of the return date of your domestic violence matter OR if you think that your ex will ask for parenting time with the children pending the return date of... View More
answered on Apr 20, 2022
I am guessing that you have a domestic violence restraining order (temporary or permanent) and you reported a violation of that order to the local police, who took a report. Presuming that I am correct, the next step is for you to follow up with the local police to find out whether they... View More
On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... View More
answered on Apr 20, 2022
The consequence of contempt of a domestic violence order is serious and you need to immediately meet with an experienced family law attorney with trial experience handling domestic violence matters. This is not a setting where you want to wait to see how it plays out. Presume that if there is a... View More
I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... View More
answered on Apr 18, 2022
I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the... View More
answered on Apr 18, 2022
I presume you are trying to understand the steps needed for you to regain custody and control of your child from DCPP? At the time that your child was taken from you, I presume that there was information provided to DCPP as to harm to the child, giving rise to its actions and as part of its... View More
answered on Apr 14, 2022
The short answer is - it depends. If you have been in regular contact with your probation department rep about your fiancial setting and responsive to his / her calls about your employment setting, then I am sure that the rep will be more willing to work with you on a payment plan. If you have been... View More
And the mom is using drugs and threatening to Jill themselves and very abusive verbally to the 14 year old. What does the Mom have to do to get the child back. And what do I have to do to keep her since she is the one that called me and said she wasn’t safe
answered on Apr 14, 2022
Im not sure what the term "NH" refers to but presuming you are referring to the Department of Child Protection and Permanency ( DCPP), you can contact them to express your fears about your grandchildren's care and provide the investigator with whatever proof you have as to the drug... View More
We are both French citizens of no immigration status in the US. I reside in France while my husband resides in United Emirate. Can I proceed with divorce in NJ ? Does US have jurisdiction over the assets and properties in France should we get the verdict? Thank you
answered on Apr 13, 2022
For jurisdiction purposes, one or both of you must be a current resident of the state of New Jersey and must have lived in New Jersey for at least 1 continuous year. If you or your spouse have been residents of the state of New Jersey for at least 1 continuous year but temporarily moved out and are... View More
Is there a way without an attorney and additional fees?
answered on Apr 12, 2022
The easy answer is that you should have an experienced family law attorney handle it, but obviously hiring an experienced lawyer costs money so you need to decide whether the issue[s] outstanding justify spending the money.
Here is the advice part:
Many people decide that they... View More
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