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Questions Answered by Richard Diamond
1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Do I have to allow the NCP to have more time than what is in court order?

Our court order/parenting plan doesn’t say the parenting time schedule changes when there is no school. The NCP has proposed a schedule for when our child doesn’t have school that includes longer parenting time and an additional overnight a week since our child is not in school. My child does... View More

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

There is no simple answer to your question. From a court's perspective, your child should know and spend quality time with both parents, so the starting point is whether your ex asked for additional time prior to the court entering the order and that request was denied or whether neither of... View More

2 Answers | Asked in Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: Is a power-of-attorney able to amend a LLC if they are not a member, including adding themselves as partner?

My late mother established a LLC, which owns two properties. Before my mother became incapacitated she appointed my sister as POA. During the probate of my mother’s estate it was discovered my sister was member of the LLC. I filed a complaint with the Court alleging my sister added herself as... View More

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

You need to hire a lawyer. The type of questions being asked and the legal issues being presented to the court are not simple and involve specific type of proofs. In a court proceeding involving claims of self-dealing, fraud, etc, you are also not going to walk into a court room and talk with a... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can the plaintiff proceed with divorce if she has a pfa against the defendant who does not want to sign the waiver of

Notice and intention of petition.

Richard Diamond
Richard Diamond
answered on Jun 10, 2023

I presume that your use of the term "PFA", refers to an order of protection from abuse, as a result of a domestic violence proceeding?

The short answer is that a party can proceed with a divorce matter even where there is an order of protection in place - the court needs to take...
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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Moved to NJ from PA & PA isn’t legally enforcing my support

I found on the Internet from a New Jersey official website that I can have New Jersey enforce my support order. Can someone please call me or let me know what I do to go about this because everybody seems to give me a run-around .

Richard Diamond
Richard Diamond
answered on Jun 8, 2023

Under the Uniform Interstate Family Support Act, if you now live in New Jersey, you can seek to domesticate your Penn court order for spousal support and then the New Jersey court system has the authority to “enforce your spousal support order” entered by the court in Penn but the New Jersey... View More

1 Answer | Asked in Family Law for New Jersey on
Q: How does the judge determine if I have sufficient maturity to function as an adult?

This is in regard to self-emancipation.

Richard Diamond
Richard Diamond
answered on Jun 7, 2023

Im guessing that you sent at least 4 separate online inquiries in support of your emancipation pursuit and in response to all of them, the best advice I can give you is to call a family law specialist and pay for a consultation to discuss your current setting, the reasoning for seeking emancipation... View More

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I need to reopen my divorce, my ex committed fraud, he stole millions from me. How can I do that if I have no money? TY

We owned a multi million dollar business. He convinced the judge that I wasn't cooperating with the sale and so the judge forced me to sign over my stock within 24hrs. The agreed sale price was 1 million but that was false, it was worth at least 10 million but he threw away all records for me... View More

Richard Diamond
Richard Diamond
answered on Jun 7, 2023

Setting aside a divorce settlement agreement is not an easy or inexpensive task. Our office has been successful in doing so in several settings involving fraud claims, but each was time-consuming and expensive with no guarantee of success.

I have no idea what your proofs look like to...
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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Divorced 10 yrs ago. Both names on the deed. Selling the house. Do we split current or prev market value

Assumed market value 10 years ago, but not specified in agreement.

Richard Diamond
Richard Diamond
answered on Jun 5, 2023

The question focuses on the language of the agreement and the discussions/agreement in place when you signed the document. If the intent was to share equally the current value of the home and the current mortgage balance vs whether the intent was to share the then existing value / then existing... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can a divorced husband have any rights to pensions earned after the divorce that his wife earns?

Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?

Richard Diamond
Richard Diamond
answered on May 30, 2023

On its face, your question should be simple to answer BUT......

If your divorce agreement states that your former husband is entitled to XX% of the marital portion of your pension plan and that a qualified domestic relations order (QDRO) is to be entered, dividing the benefits, the next...
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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Son 19 goes to trade school and works part time ex wants to stop paying. Is this allowed in nj?

Divorce decree says we must share in post secondary costs.

Richard Diamond
Richard Diamond
answered on May 15, 2023

Start off with the presumption that no she cannot stop paying but I would send her an email, quoting from the terms of your agreement that both of you are obligated to share your son's college/trade school costs and ask her how or why she thinks that she should not have to continue paying in... View More

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3 Answers | Asked in Family Law and Divorce for New Jersey on
Q: How to get compensated for enduring abuse of parental alienation & all blocked communications by other parent in NJ?

Not sure if possible

Richard Diamond
Richard Diamond
answered on May 15, 2023

My suggestion is that you sit down with a divorce law specialist and let him / her guide you and explain to you what remedies are and are not available to you in a non-dissolution filing and what are and are not available to you in a divorce matter.

The worst thing that you can do is hire...
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1 Answer | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: Can any state have authority to press charges of interference in a custody order? Or only jurisdiction State can?
Richard Diamond
Richard Diamond
answered on May 5, 2023

If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... View More

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Will my Xwife have to pay me back retro if my CS amount gets lowered. Looks like it’s happening soon. Filed 2/26/31

Still waiting for a few details to hash out. I was told she has to pay me back the difference from the date you filed your motion. Please advise. Correction filed motion 2/26/23

Richard Diamond
Richard Diamond
answered on May 4, 2023

Absent proof of fraud on you in connection with the underlying child support amount, the court cannot retroactively adjust a child support order to a date before the filing date of your current application. If your application was filed on 2/26/23 and is heard by the court on May 12, 2023, the... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: DCP&P LEGAL ISSUES

Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.

While I'm being ignored, court was adjourned twice and then canceled today.... View More

Richard Diamond
Richard Diamond
answered on May 4, 2023

The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... View More

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... View More

1 Answer | Asked in Family Law for New Jersey on
Q: Can a psychiatrist call dcpp on a parent for failing a drug test for marijuana?
Richard Diamond
Richard Diamond
answered on Apr 24, 2023

I think that it is safe to say that there is much more to this story than simply a patient failing a drug test for marijuana. My guess is that there was a court order in place or an agreement with DCPP that required a patient/parent to submit to drug screens and if the patient failed a test, then... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: can i recoup alimony payments if my ex-wife's employment status went from part itme to full time?
Richard Diamond
Richard Diamond
answered on Apr 24, 2023

It depends on the language of your divorce settlement agreement. Sometimes when you have someone receiving alimony, whose employment setting is expected to change, lawyers can build a change in employment income into the agreement to try and reduce the need for further court intervention. In... View More

1 Answer | Asked in Family Law and Divorce for New Jersey on
Q: I want to move out of marital home. The utilities are in my name. Can I transfer them to my new residence?

We rent. The rental is in my husband's name. All utilities are in my name.

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

I'm guessing that you are looking to move out of the rental without your husband and you want to know if you can transfer the utilities from the current rental to your new rental so that your husband will have to put in place new utilities for the current rental.

If you want to keep...
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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... View More

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

There is no "real" legal advice to give in this setting. You are frustrated that your mother-in-law disrupts your household and while staying in your house, it appears that your mother-in-law is ungrateful/disrespectful to you.

My suggestion is that you sit down with your...
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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Richard Diamond
Richard Diamond
answered on Apr 18, 2023

I would get a writing as quickly as possible from your daughter and her husband acknowledging that the real owner of the property is you and that title to the house was put in your daughter's name for convenience purposes for you.

The 2nd question ( which is also tied to the 1st...
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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Legal next of kin of a deceased missing

My niece whom I haven't had contacts for over 10 years just passed away in New Jersey. She is single and both of her parents are deceased. She has one son 25 years ago when she was an unwed teenager and she gave him to his father to raise. I am not aware if they have any relationship and I... View More

Richard Diamond
Richard Diamond
answered on Apr 17, 2023

It sounds like her estate is comprised of debt as opposed to assets and presuming I am correct, not sure how you can take what remains of her assets to pay for her funeral costs while not using that same money for payment of her outstanding secured debts ( ie child support).

While your...
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