Divorce decree says we must share in post secondary costs.
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 
Not sure if possible
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
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 ?
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
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
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
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.
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
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
answered on Apr 23, 2023
Legally you may have the right to keep her out of your home but obviously this will create issues with your wife who really should be on board with you and help protect you from her abuse. Nobody deserves to be mistreated. Perhaps you can find an apartment of your own while she’s in town and tell... View More
We rent. The rental is in my husband's name. All utilities are in my name.
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
I have a contract for deed on the house. There is a mortgage on the house in her name only.
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
answered on Apr 10, 2023
It depends. Was the pension distributed in your Marital Settlement Agreement or Judgment of Divorce? Did you have a QDRO prepared after your divorce, to divide your interest in the pension? Did the pension plan allow for a beneficiary in case of his death? Did your ex-spouse select a pension option... View More
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
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.
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
answered on Mar 29, 2023
Hi, thank you for your question. I can see why this is very frustrating. In NJ, alimony can be reduced or terminated if the party receiving it can be shown to be "cohabitating" which means they have a shared financial life. They do not have to be officially living together, and many times... View More
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... View More
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answered on Mar 19, 2023
Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... View More
why is the annuity taxed if it’s not being withdrawn?
answered on Mar 10, 2023
Politely, you need to sit down with an experienced divorce lawyer since it appears that "someone" is doing some fast talking and you have no idea whether the claim is true or not - which means you need someone to represent you who knows how to call B...shit when such claims are made.... View More
My husband hid millions of dollars in our divorce and lied about the sale of the business, this caused my entire PSA to be thrown out. He then reported me as a 1099 employee of our business. He was making direct deposits from the business for family support but then reported me as a 1099 employee,... View More
answered on Mar 10, 2023
Thank you for your question about reopening your New Jersey divorce. In order to answer your question, the attorney would have to read your divorce agreement. The court in New Jersey usually enforces settlements between parties, however, in your case you believe there was fraud. Fraud could be... View More
We were divorced in NY but I now live in NJ.
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answered on Feb 26, 2023
New York law will apply here. However, under NJ law the pension is an asset of the marriage which is distributed through a Qualified Domestic Relations Order so it is not in the same category as alimony spousal support. Your alimony spousal support may be decreased or terminated if you cohabitate.... View More
I’m disabled permanently
answered on Feb 22, 2023
Thank you for your question. As you did not specify what your questions are, my best advice is to schedule a consult with an experienced family law attorney to determine your rights and options as far as divorce is concerned. There are many factors that go into potential outcomes, such as length of... View More
equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When... View More
answered on Feb 21, 2023
You would really be assisted by hiring an attorney here. An attorney could record everything into a martial settlement agreement as your proposal, submit that agreement to the other party who would be invited to review it with her own attorney, and then once it is signed you would just put through... View More
And what can I do to get visitation rights if my kids live in another state
answered on Feb 17, 2023
In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.
Separately, I gather you live in New Jersey and your spouse and children live in a different... View More
Can I get the money from the RV he sold? It was in my name. A golf cart was in my name too that he sold both I didn't receive any money. I also loaned him $45,000 which I haven't got any money for am I entitled to getting my $45,000 back the RV and the golf cart?
answered on Feb 14, 2023
The best advice I can give you is to sit down with a divorce law specialist as quickly as possible for a consultation since it seems as if your husband is liquidating assets. Im not sure if the assets being liquidated are premarital assets, assets immune from distribution in a divorce or assets... View More
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