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Questions Answered by Brian Winters

4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on

Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Brian Winters answered on Jul 16, 2019

That’s very complicated. Provided there’s no appreciable equity in the home, your parents can bankrupt out of the debt. If you inherit the house, it comes with the mortgage. So long as it gets paid, you’re fine

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5 Answers | Asked in Bankruptcy for New Jersey on

Q: I live in New Jersey and own a home. I would like to know if I file bankruptcy if I would lose my house?

Brian Winters answered on Jul 14, 2019

Not necessarily. It depends upon many factors including how much equity is in the home. And it depends upon which chapter , 7 or 13 . You should consult with a bankruptcy attorney

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2 Answers | Asked in Divorce and Immigration Law for New Jersey on

Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

Brian Winters answered on Jul 12, 2019

It’s not too late for annulment. There’s no statute of limitations or the like

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1 Answer | Asked in Appeals / Appellate Law for New Jersey on

Q: I filed an appeal of a NJ State agency ruling with the NJ Appellate Division.

My Notice of Appeal and Civil Case Information Statement were both Received and Filed with the Appellate Division on April 26, 2019. According to the Case Manager, Marcella Coley, the respondent, an attorney from the NJ Office of the Attorney General (OAG), was required to file a Case Information... Read more »

Brian Winters answered on Jul 11, 2019

You can file a motion , but, in my experience, it won’t work . The cis etc are ministerial tasks and the other side will just go ahead and file our of time and the appellate division will just shrug.

3 Answers | Asked in Divorce for New Jersey on

Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?

Brian Winters answered on Jul 8, 2019

No. Just tell the court you’re settled.

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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: My boyfriend has a son but the mother has custody of him. He pays child support but he also has backed up child support.

How can we go about getting full custody.

Brian Winters answered on Jun 20, 2019

Child support has nothing to do with custody. To get custody you need to demonstrate changes circumstances and that it’s in the child’s best interests

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1 Answer | Asked in Family Law for New Jersey on

Q: What are my rights in the state of NJ if my 17 yr old doesn’t come home by curfew?

Am I able to lock the door for the night and he can sleep by a friend’s house?

Brian Winters answered on Jun 17, 2019

You can certainly lock the door. That’s being safe.

2 Answers | Asked in Divorce, Family Law and Child Support for New Jersey on

Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

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2 Answers | Asked in Divorce for New Jersey on

Q: Hi I’m a recently divorced mom of two children. My divorce was finalized on May 12 and I share custody with my x husband

Due to verbal abuse I fled my home as he refused to leave. He now has the house and I rent. I’m not working quite f/t yet but taking as many hours as I can. He is supposed to pay for reasonable child activities but either says no or doesn’t answe me. Please can you help? I had to borrow the... Read more »

Brian Winters answered on Jun 5, 2019

You can file a “pendente lite” motion seeking support including, where applicable, alimony and child support.

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2 Answers | Asked in Child Support and Family Law for New Jersey on

Q: Can a custodial parent put a noncustodial parent on child support twice after being off? Parents were never married.

Brian Winters answered on May 1, 2019

Sure. Child support is a right belonging to the child and can’t be abrogated by virtue of previous filings

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1 Answer | Asked in Estate Planning and Probate for New Jersey on

Q: Can an executor distribute property to unnamed beneficiaries (if all parties are in agreement)?

My mother would like to give me my late grandmother's house. The estate is still under probate, my mother is the executor and sole named beneficiary. Can she do this as part of the estate, so that it is not subject to gift tax?

Brian Winters answered on Apr 29, 2019

That’s not really a family law question. You should consult with an accountant

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on

Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?

It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?

Brian Winters answered on Apr 24, 2019

No, there’s anti-retroactivity statute

1 Answer | Asked in Appeals / Appellate Law for New Jersey on

Q: I am looking for Case Law for an appeal for NJAC 11:5-3(a)

Brian Winters answered on Apr 24, 2019

It depends upon the grounds for appeal. What’s the issue?

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