Newark, NJ asked in Family Law and Tax Law for New Jersey

Q: Can i sue my father for threatening my mother to give her income tax returns to him

I was living with my mother at the time this happened but i was getting my things to live with my father, and this was recently in late April. I just recently found out from my mother that she was threatened for the dependent tax return money, she did not know she had a right to keep it. My father threatened her saying his wife works with lawyers and i called several attorneys but they said nothing can be done because its too late. But im still looking for help for my mother. (My parents were never married)

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1 Lawyer Answer
Teresa L. Reichek
Teresa L. Reichek
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.

If your parents are divorced then your mother can file a motion under the divorce docket number in family court to address the situation. If she feels that her safety is being threatened she can also request a temporary restraining order from the family court. She should contact an experienced family law attorney for a consultation to find out her options and receive advice on how to proceed in her specific circumstances.

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