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answered on Sep 9, 2021
I dont know if there is a court order or agreement in place requiring you to pay child support until your son graduates from college or if there is an order requiring you to pay child support through the probation department system, but simply terminating your payments may cause your ex or the... View More
What are the next steps?
answered on Sep 9, 2021
You need to sit down with a family law attorney to discuss your husband's support obligation and how this injury impacts his continued alimony obligation. The fact that your husband had a significant injury may be a basis for termination of his alimony obligation but unless his ex agrees in... View More
TRO. I was told. Nope. Cant make a copy. Must go to lawyer's office to hear. True?
answered on Aug 23, 2021
I have no idea whether there was an order entered imposing a restriction on whether the lawyer could send you a copy of the tape recording of the testimony provided to the judge or hearing officer to support a TRO, but if your lawyer wants you to come into his / her office to listen to it, then go... View More
I am living with my sister but I am moving out of state we had a conversation about it confirmed it and I set everything up so that I’m ready to go by January as far as my current job and how I will be getting to this state with all my belongings. I set these plans with a friend who is coming... View More
answered on Aug 9, 2021
I gather you and your sister had some type of fight and she is angry at you. I gather also that the home you are living in is either rented or owned by your sister and therefore she feels comfortable telling you that you need to leave. My suggestion is that you swallow your pride and talk with your... View More
My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the... View More
answered on Aug 9, 2021
You need to file for divorce and in the divorce, ask that assets of the marriage be restrained until an equitable distribution of the assets of the marriage can take place. The fact that the home was acquired in his name alone does not mean that you do not have an equitable distribution interest in... View More
answered on Aug 9, 2021
You and he bought the property together and therefore you and he have to agree to permit one of you to buy out the other persons interest or to sell it and divide the proceeds from the sale. The alternative is that you / he retain lawyers and one of you will then file a partition claim to force the... View More
I have a job and am getting a good amount of money. I am in school still but will any of this interfere with getting emanispated. Even if i continue to go to school and take care of myself.
answered on Aug 5, 2021
Before deciding you need to be emancipated, go online and do a google search on available social services for teen counseling programs in your area to help prepare you for a change in your life. Counseling can help you better handle the abusive communications, assist you in understanding what... View More
His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021
answered on Aug 5, 2021
This is not a simple enforcement application and therefore I suggest that filing an application on your own will be a mistake. Under the court rules, your certification ( your testimony) in support of your application can be up to 25 pages separate from all of the attachments ( exhibits) to your... View More
It’s a domestic violence case against the state
answered on Aug 3, 2021
On the return date of the domestic violence matter, the person filing the complaint testifies as to all or some of the allegations in her domestic violence complaint. Your counsel then has the right to cross examiner her on the credibility of her claims. After she has presented her case, you then... View More
I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... View More
answered on Aug 2, 2021
You need to talk with a divorce lawyer since you say that you agreed to give the home to your ex in exchange for her taking care of the payment of specific expenses ( debt) and that she failed to pay off the total amount owed. As part of your conversation with that lawyer, bring every document,... View More
answered on Jul 29, 2021
The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the... View More
Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... View More
answered on Jul 26, 2021
My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... View More
When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?
answered on Jul 26, 2021
Im not sure if this answers your question, but here is the latest version of that statute ( 2020)
9:6-3. Cruelty and neglect of children; crime of fourth degree; remedies
9:6-3. Any parent, guardian or person having the care, custody or control of any child, who shall abuse,... View More
She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... View More
answered on Jul 26, 2021
You need to sit down with a divorce lawyer to understand the legal terminology contained in the complaint and whether it is acceptable to you. Recently, a consultation showed me a settlement agreement, she signed and wanted to know if there was any problems with it. As we went line by line through... View More
Divorce papers state 18 if not attending school after high school
answered on Jul 16, 2021
The most important question is whether your child is enrolled in a college or trade school program for the fall ( after graduation from high school). If not, then send an email / text message to your ex stating that the agreement states that upon the child's graduation from high school, if not... View More
Prosecutor wants me to plea to 1 year probation, dna submission, mental and substance abuse evaluation, a fine, unable to bear arms or leave state during time of probation. My child’s father lied and was granted TRO giving him immediate temp custody of daughter. Before FRO hearing my child’s... View More
answered on Jul 6, 2021
Our office does a lot of domestic violence work in the surrounding counties and either the prosecutor is being a little heavy handed in addressing the violation or the underlying domestic violence complaint involved more than a simple claim of harassment and your follow up text more than a simple... View More
answered on Jul 1, 2021
Legally, even if he doesn't want a relationship with his child, he still has an obligation to provide child support for him, health care assistance and contribution to work related child care. As a general statement, to determine the amount of child support your son should pay, the state of... View More
answered on Jul 6, 2021
Years ago, Judge Selser and I I taught the family law course for young lawyers and the issue of whether parents have an obligation to contribute to their children's college costs was always a topic we addressed because the case law suggests that you need to examine the Newburgh factors to... View More
Do I have rights regarding anything else?
answered on Jun 28, 2021
The most important question is whether you know whether he had a will ? If you are not sure, did he ever talk about or leave any paperwork identifying the name of an estate planning lawyer that he may have spoken with or worked with? If the answer to those questions is no, then .... at or around... View More
She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... View More
answered on Jun 17, 2021
In their divorce, your ex daughter in law had a pension that was to be divided between your son and her for equitable distribution. I gather that after the divorce occurred, the lawyers had a QDRO prepared ( order served on pension plan administrator ) with direction as to your sons share of the... View More
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