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Questions Answered by Richard Diamond
2 Answers | Asked in Child Support for New Jersey on
Q: Can I terminate paying child support if my son is 20 yo is in College but has steady earnings workin remotely in NJ?
Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Divorce for New Jersey on
Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

Richard Diamond
Richard Diamond
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

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1 Answer | Asked in Family Law for New Jersey on
Q: NJ Superior Court Middlesex I asked my attorney for a copy of the testimony that a judge heard in order to create the

TRO. I was told. Nope. Cant make a copy. Must go to lawyer's office to hear. True?

Richard Diamond
Richard Diamond
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

1 Answer | Asked in Family Law for New Jersey on
Q: I have a living arrangement but a situation has occurred that is now affecting it. How would I go about this?

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

Richard Diamond
Richard Diamond
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

2 Answers | Asked in Family Law for New Jersey on
Q: What legal actions to take in obtaining assets from our house sale?

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

Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Richard Diamond
Richard Diamond
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

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1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can i be emanispated at the age of 17 because of a verbal abusive guardian in Nj?

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.

Richard Diamond
Richard Diamond
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

2 Answers | Asked in Family Law for New Jersey on
Q: Whats the process to file a motion acting as my own lawyer?? This is for family court for my sons mother to follow order

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

Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Divorce real estate question and what kind of lawyer do I get?

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

Richard Diamond
Richard Diamond
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

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1 Answer | Asked in Divorce for New Jersey on
Q: Am I entitled to gains and/or losses from spouse's retirement accounts using QDRO? What is NJ statute # ? Thank you
Richard Diamond
Richard Diamond
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

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

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

Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: When was 2019 NJSA Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies -revision DATE?

When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?

Richard Diamond
Richard Diamond
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,...
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2 Answers | Asked in Divorce for New Jersey on
Q: My soon to be ex wife has sent me a divorce complaint. I don't have a problem with anything in complaint.

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

Richard Diamond
Richard Diamond
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

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4 Answers | Asked in Child Support for New Jersey on
Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.

Divorce papers state 18 if not attending school after high school

Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Child Custody and Domestic Violence for New Jersey on
Q: TRO violation (sent a harmless text) on a TRO gained on false pretenses

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

Richard Diamond
Richard Diamond
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

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My son has a baby, doesnt want a relationship wjth but wants to provide for him. What's the best way to do this
Richard Diamond
Richard Diamond
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

2 Answers | Asked in Family Law for New Jersey on
Q: My divorce settlement agreement is silent in terms of college tuition, Do I have any legal obligation to contribute?
Richard Diamond
Richard Diamond
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

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2 Answers | Asked in Estate Planning, Civil Litigation and Probate for New Jersey on
Q: I lived w a man for 10 yrs & he just died he hasb2 children. He had a small policy just for the funeral in my name.

Do I have rights regarding anything else?

Richard Diamond
Richard Diamond
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

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3 Answers | Asked in Divorce for New Jersey on
Q: Sons wife filed for divorce, finalized 10/29/2020. Unfortunately he 52 yo passed 3/2/21

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

Richard Diamond
Richard Diamond
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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