Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Richard Diamond
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

View More Answers

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...
View More

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: Hi ! My name is Berkay from New Jersey. I am going to contested divorce and want to request spouse support & Alimony.

Hi ! My name is Berkay from New Jersey. I am going to contested divorce and want to request spouse support & Alimony. She is making $170K a year and i have no income & job. What can we do in this situation ?

Richard Diamond
Richard Diamond
answered on May 5, 2023

Presuming the divorce matter is in New Jersey, you need to schedule a consultation with a divorce law specialist to discuss your rights to support, distribution of assets, and if you have children, an understanding of the custody/parenting time claims. This is not something that you should handle... View More

View More Answers

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 Divorce for New Jersey on
Q: My ex molested our daughter. Should his new wife know.
Richard Diamond
Richard Diamond
answered on Apr 25, 2023

Presuming DCPP was involved, and your ex was investigated and/or criminal charges brought against him as a result of the molestation, I don't think your ex will be shocked by your disclosure.

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...
View More

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...
View More

View More Answers

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...
View More

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: What are executive papers and where can I get them?

My grandma died in March. Unfortunately I was made aware after autopay paid our shared credit card that I couldn't keep the card. I want my payments for April refunded but I need executive papers.

Richard Diamond
Richard Diamond
answered on Apr 17, 2023

You need to schedule a consultation with an estate planning lawyer to walk you through the process of winding up your grandparent's estate and how to go about seeking credits and payments from the estate.

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...
View More

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Is this parental kidnapping if we can’t agree?

My ex and I previously lived in the same apartment and have a 5 year old. We did exchanges through daycare 3 times a week. I have since moved and live over an hour away and can’t do exchanges 3 times a week. I asked for biweekly exchanges and my ex refused. So I compromised for weekly exchanges... View More

Richard Diamond
Richard Diamond
answered on Apr 15, 2023

The best suggestion that I can give you is to schedule a consultation with an experienced family law attorney as quickly as possible to review the materials submitted to the court by you and by your ex, so that the lawyer had a better understanding of each sides claims to give you a better sense of... View More

2 Answers | Asked in Family Law and Juvenile Law for New Jersey on
Q: If I am over the age of 18 and in college and I want to emancipate myself from my parents would I be able to do that?

I live in NJ and If so would the court need to see anything such as proof of income etc.

Richard Diamond
Richard Diamond
answered on Apr 8, 2023

You started off by saying that you are in college - so the 1st question is who is paying for your college and are you living on campus or living at home with a parent? If you are living on campus or in an apartment setting, employed and paying for all of your own expenses - meaning you are paying... View More

View More Answers

3 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Is a notarized document signed by both parties legally binding in court?

Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.

View More Answers

4 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can alimony stop if your ex has been living with another man for 5 years. She tells people they are married.

My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

Your brother needs to meet with an experienced divorce lawyer to discuss the laws governing cohabitation and the termination of an alimony obligation. If he is paying alimony and she is living with another man, he may have a strong argument for a termination application.

View More Answers

3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college

My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.

Richard Diamond
Richard Diamond
answered on Mar 27, 2023

The court system has no knowledge as to whether your daughter is or is not enrolled in college. Your ex filled out a paper from the probation department claiming that your daughter is enrolled in college at present. If you believe that your daughter is not enrolled in college and that your child... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.