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Questions Answered by Richard Diamond
3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?

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Richard Diamond
Richard Diamond
answered on Dec 29, 2023

If payment of child support is direct and your agreement says that child support ends upon graduation from college, then you should not need an order of the court.

Where you would need an order of the court, or a letter signed by your ex as to the termination date is when the probation...
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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Who pays for child's health insurance after the child is emancipated in New Jersey?

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Richard Diamond
Richard Diamond
answered on Dec 29, 2023

Not an uncommon question today. Most people acknowledge that even after their child graduates from high school/college and goes into the workforce, they still need assistance from their parents, including continuing to keep them on their health insurance plan until their child turns 26. So even... View More

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: To file motion to terminate child support in NJ, do you do so in the county where you divorced or where you reside now?
Richard Diamond
Richard Diamond
answered on Dec 29, 2023

The county where the divorce judgment was entered.

Make sure you use the correct docket number on all pleadings filed and make sure that you send a duplicate copy of your application to your former spouse at the same time that you file with the court and make sure that you have proof of...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.

In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was... View More

Richard Diamond
Richard Diamond
answered on Dec 28, 2023

Your understanding of the decision in Kayahan is wrong. In that matter, the court said:

When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.

You are not...
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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?

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Richard Diamond
Richard Diamond
answered on Dec 28, 2023

The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation... View More

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1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

1 Answer | Asked in Family Law, Personal Injury and Civil Litigation for New Jersey on
Q: i filed a motion to strike the pleadings of defendat for failure to make discovery

I have a lawsuit against family members where I am nearing the end of discovery. the defendants have not conducted any discovery which led to their pleadings being struck without prejudice. I filed a second motion to strike with prejudice and the courts filed an order stating the court will dismiss... View More

Richard Diamond
Richard Diamond
answered on Dec 11, 2023

My suggestion is that you meet with / retain a lawyer to take over the handling of your matter since I am not sure that you understand the legal significance of your actions or the court's response to it. You served discovery requests on the other side and presumably, they answered your... View More

2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

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1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Support for New Jersey on
Q: I had a hearing on my motion for cs modification the judge granted my request. After the hearing The court received.

A request for an adjournment. And gave accepted it for a new court date. Meanwhile I was there and the hearing took place and the ruling was made. She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well. I don't... View More

Richard Diamond
Richard Diamond
answered on Nov 27, 2023

I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se... View More

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New Jersey on
Q: My son won't let me see my grandson? I'm live in NJ, do I have a right to see him??

My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More

Richard Diamond
Richard Diamond
answered on Nov 15, 2023

Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing...
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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can I press criminal charges in NJ if someone texted me that I will soon be shot in the face?

My ex was very abusive during our relationship. Both physical and sexual most of which I have proof of. He is very irresponsible and we often have issues because of him saying he is going to do one thing and doesn’t do it. I filed two TROs against him. One I dropped because I couldn’t find a... View More

Richard Diamond
Richard Diamond
answered on Jan 13, 2025

From your submission, you already filed a domestic violence complaint against your ex for the recent text messages and presumably, the matter will go to trial, during which presumably your ex will attempt to use that text against you in trial. My suggestion is that you schedule a consultation with... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: How does a person deal with an ex and co-parent who constantly threatens legal action and calls for police on you?

If I don’t answer her texts she sends cops for a wellness check. If I do answer and the response isn’t what she wants to hear she says I’m harassing her, calls the cops to make a report. She continues to send me messages after reporting I’m harassing her which I reply to and then says I am... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Maybe its time to retain a family law specialist and let the attorney file an application with the court to address your claims of her on going bad actions and ask the court for relief. It seems that your efforts to resolve the parenting time conflict with her is not working.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: son stole items from mom and dad after moms funeral how do you hande a case like this? no job, no car, no friends

ejection, trust, arrest?

hired lawyer to try and steal home

Richard Diamond
Richard Diamond
answered on May 3, 2024

I'm sorry but this is not the type of matter our firm handles. Either you need to contact a lawyer who handles estate litigation or civil litigation (where you are seeking damages as a result of his actions).

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: Can I move out of the house with my kids before a divorce or agreement? Or would it be abandonment I live in NJ

Married 8 yrs living together 16. 2 kids 9 & 11 yrs old. The house is only under my husbands name but was bought right after my youngest son was born but before we got married, he doesn’t work(hasn’t for a few yrs) I pay the mortgage (I give him the money cash) and also pay bills thru my... View More

Richard Diamond
Richard Diamond
answered on Mar 4, 2024

There are too many complications to your story to give you a simple answer. You need to have a consultation with an experienced divorce lawyer to better understand your rights and potential problems. I would not consider moving out until you spoke with an experienced divorce lawyer, and he told you... View More

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1 Answer | Asked in Divorce for New Jersey on
Q: i need help with legal malpractice case in NJ

I had a "harrington" hearing related to my divorce settlement as the plaintiff and my attorney testified against me under oath that I settled my case without my consent, either orally or in writing.

Richard Diamond
Richard Diamond
answered on Feb 22, 2024

If you have a legal malpractice matter, you need to meet with a malpractice lawyer and provide him with the details. Meeting with a divorce lawyer at this point does not help you.

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter is in foster care, the foster parents want to get her a passport, take her to Aruba, with A Columbian guy.

They only just recently met this Columbian guy.

I am very concerned. Can I stop them from getting a passport for my daughter?

Richard Diamond
Richard Diamond
answered on Jan 28, 2024

You have the ritght to reach out to the DCCP representative who is in charge of your matter. Speak with him / her and voice your concerns and let the rep speak to the foster parents about the details of this trip.

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Richard Diamond
Richard Diamond
answered on Nov 9, 2023

The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More

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1 Answer | Asked in Family Law, Child Support and Civil Rights for New Jersey on
Q: I have been disabled since 1999 and till this date am still being garnished from my SSD, NJ never changed my CS amount.

I have put in for a modification in 2000 but they say it was lost or never received. I am a very sick man and this is making me even sicker how can you help? I have also been denied a passport because of this even though I have been paying over 30yrs my support and arrears.

Richard Diamond
Richard Diamond
answered on Nov 8, 2023

You are probably not going to like my answer, but this is an example of where you need to spend the money to hire a competent divorce lawyer to review your file in its entirety and file an application with the court to correct your account, correct the claim of arrears and potentially close out... View More

1 Answer | Asked in Business Law and Family Law for New Jersey on
Q: Can I transfer my business to my partner name although he owes child support and his kids are married?
Richard Diamond
Richard Diamond
answered on Oct 30, 2023

It would be irresponsible for any family law attorney to attempt to give you an answer to your question in this forum. You need to schedule a consultation with a family law specialist to understand the legal ramifications of any change in the structure of your business organization.

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: My girlfriend’s ex husband is attempting to take her kids out after an event on her night

My girlfriend’s ex husband is attempting to take her kids out after an event on her night. He has invited family out to dinner and thinks he is taking them. Per the divorce agreement and parenting schedule it is her night . If he physically tries to take them am i able to stop him

Richard Diamond
Richard Diamond
answered on Oct 30, 2023

I'm going to guess that the "event" is something special for the child/children and after the event his family is going out for dinner, and he wants the children to join them. The short answer is that your girlfriend needs to take the lead on this issue and if she does not want the... View More

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