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New Jersey Family Law Questions & Answers
0 Answers | Asked in Family Law, Tax Law and Municipal Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I want to know if I can gift my car and IRA account to my disabled child without a penalty from medicaid.

I read that this is possible and would like to know how to do it.

Nina Whitehurst
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answered on Feb 21, 2024

The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.

The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Why after 7 years of being a fit mother and filing half a dozen times for joint custody, I still don't have it?

award me joint custody of our daughter? I've been accused of doing drugs, which I disproved over and over with clean hair follicle tests, having my child withheld whenever the father feels like changing the schedule. Also, when my daughter was a baby and I asked the judge when I can raise... View More

Richard Diamond
Richard Diamond
answered on Feb 16, 2024

I understand your frustration but there are pieces to this story that are missing and the best advice I can give you is to sit down with an experienced divorce lawyer to review the history of the court orders entered in your matter and review the certifications filed in support of your requests and... View More

2 Answers | Asked in Family Law for New Jersey on
Q: If we did a pre-nup doc but just signed it ourselves (as a couple, no lawyer/notary), can we get it notarized later on?

We live in New Jersey and got married there. Before the wedding we (couple) created our own document and signed it ourselves but had no lawyer/notary involved.

Now to register the wedding in another country (one of us is not a US citizen so we wanted to register in both) the other country... View More

Richard Diamond
Richard Diamond
answered on Feb 15, 2024

I understand the question and the short answer is that you can try to find a notary that is willing to sign the document acknowledging your respective signatures. If you and your spouse talk with the notary and acknowledge that the signatures affixed to the document are your signatures, the notary... View More

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1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: What can my mother do here?

My sister is in a group home with the state they asked my mom for proof she is her mother she sent all the papers in too the place the lady asked for this women haven't called my mother back in almost 3 months and that's how long she haven't talked too her daughter it's so... View More

James L. Arrasmith
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answered on Feb 24, 2024

Your mother should take immediate action to address this concerning situation. First, she should try contacting the group home again and request to speak with the person who initially asked for proof of her relationship with your sister. It's essential to remain calm and assertive during this... View More

1 Answer | Asked in Family Law for New Jersey on
Q: hi. i have family judge, threatened me against use of new evidence, has found everyway do quell my new evidence, delayed

Currently ignoring filed motions that contain new evidence of plaintiff perjury, njdcpp ethics, falsification of medical documents, more. Judge knows this evidence destroys the case against me and her judgement. promised she was not going to hear it. Can I compel judge to hear my motions and see my... View More

Richard Diamond
Richard Diamond
answered on Feb 12, 2024

Not necessarily and it does not mean that the judge is wrong or that the appellate division will reverse the courts actions. When a matter is filed in the court system, parties are obligated to file / serve specific discovery requests and those requests for information MUST be produced to the other... View More

1 Answer | Asked in Child Support, Family Law and Collections for New Jersey on
Q: What can I do if child support enforcement is trying to go after debt I cannot pay off because I am poor?

I am a 3 combat tour vet who is on VA disability and cannot work due to severe PTSD. I gave up my parental rights and child support enforcement in Washington state is attempting to collect on what I owe by dissolving what I own at this point is clothing and what I do use is loaned to me from my... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Contact legal aid or other legal services organizations in your city who can take care of this for you for free.

2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I have a court order with date till I have to file answer for a divorce, can I ask the court for extention ?

I have dead line for answer for my divorce case but I need more time.

Since the date is in court order I would like to know if I can ask the court strait for extention or I have to reach up the other parties before I filed to court? Nj

Richard Diamond
Richard Diamond
answered on Jan 30, 2024

If the deadline to file an Answer is set forth in a court order, you need to comply with that deadline. My guess is that the other lawyer is not going to give you additional time. BUT, go online and google form Answer to divorce complaint in New Jersey and I have to beleive that there are plenty of... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Juvenile Law for New Jersey on
Q: My dad kicked me out of the house at 17 but won't let me proceed with adult measures. What do I do?

I became pregnant at 17 and made my dad aware. He told me that if I kept the baby, I would be out of the house but if I got rid of the baby, I could stay. I decided to keep the baby but asked if I could stay at least until I finished school and he continued to say that if I kept the baby, I would... View More

Richard Diamond
Richard Diamond
answered on Jan 28, 2024

You need to meet with a social service worker from the county where you lived while living with your dad to find out what resources are available to you for healthcare, schooling, housing, etc to be able to finish school and for the baby's benefit. I would also talk with the father of your... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter is in foster care, the foster parents want to get her a passport, take her to Aruba, with A Columbian guy.

They only just recently met this Columbian guy.

I am very concerned. Can I stop them from getting a passport for my daughter?

Richard Diamond
Richard Diamond
answered on Jan 28, 2024

You have the ritght to reach out to the DCCP representative who is in charge of your matter. Speak with him / her and voice your concerns and let the rep speak to the foster parents about the details of this trip.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would agree to cash settlement. Is that legal?

The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.

Leonard R. Boyer
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answered on Jan 27, 2024

Realistically it does not seem appropriate. This is all the more reason not to drop the TRO. Presumably, there will be a divorce (if you are married). In 39 years of practice representing both Plaintiffs and Defendants, I have never made or seen any other attorney make a monetary offer to drop a... View More

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: The court order and the transcript contain conflicting information

The court order does not specify that I am required to cover insurance premiums or extracurricular activities for the children. However, the court transcript indicates that the judge mentioned I need to bear these expenses. The other party has now filed a motion asking me to pay the bills. Is this... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

If the transcript of the court proceeding contains specific items that the judge told you to take care of, but it appears that he forgot to include those items in his order, presume that he will take the position that the transcript controls and then he will correct his order to reflect those... View More

2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking... View More

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1 Answer | Asked in Family Law for New Jersey on
Q: can i sue my legal guardian for emotional abuse and neglect when i turn 18?

I have ample evidence such as videos photos I have documents, proving that he left me home alone for 10 months and then he doesn’t buy food. Cps had to get me a bed, buy me clothes and food because he did not want to. I also have family biological family to testify on my behalf I just can’t... View More

Richard Diamond
Richard Diamond
answered on Jan 23, 2024

I dont know what county you live in, but each county offers free counseling services for teens to help cope with an abusive home setting. I would start with the counseling services and during your counseling, you can start to explore options available to you to redress your guardian's... View More

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long do I have/how long can I legally wait to pay out the lump sum payment to my ex? (NJ)

divorce agreement doesn't specify time only to be paid by cert check. the agreement does not even say "lump sum" it just says, " Husband shall tender to Wife a certified check in the sum of $75,000"

Bianca M. Sangiovanni
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answered on Jan 22, 2024

The answer will depend on the facts surrounding your divorce, equitable distribution of assets and any contingencies that might exist to trigger a reasonable time frame of the payment to be made. You should consult with an experienced family law attorney to guide you as you will likely be served... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Constitutional Law for New Jersey on
Q: Can the father of his pregnant minor daughter put the daughter's boyfriend on child support when the baby is born?

I'm currently 17 years old and I recently told my father I was pregnant. He's pushing abortion pretty hard but that's not my choice. The father of the baby is very involved and is currently 18. My father has given me an ultimatum: if I don't abort the baby, I'm to not be in... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, it's important to understand that parental rights and responsibilities primarily rest with the biological parents of the child, not the grandparents. Once your baby is born, you and your boyfriend, as the biological parents, are the primary individuals responsible for the... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: could moving to a different state and changing the custody schedule be construed as child abandonment.

current custody schedule is one week on one week off. Both guardians live in the same state. One will relocate for a job out of state.

Richard Diamond
Richard Diamond
answered on Jan 7, 2024

Both parents / guardians for a child live in NJ and share physical custody of the child equally and now 1 parent / guardian wants to relocate out of state and change the custody / parenting time plan - does the other parent / guardian agree to the other parent / guardian moving out of state and if... View More

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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: I asked my Grandma for help with a rehab program that costs $30k - she told me to ask the Power of Attorney.

Can my Grandma make the decision on her own? Can the Power of Attorney make the decision on her own? The Power of Attorney told me that she has to ask my mother, who is scheduled to receive an inheritance (and said no). Are they all playing me? Who has the real power to re-allocate the funds?

Richard Diamond
Richard Diamond
answered on Jan 5, 2024

Im going to give you fatherly advice since the question has nothing to do with the law - a primary reason your grandmother gave someone power of attorney over her assets was to protect her from making decisions based purely on emotion. 30,000 is an extraordinary amount of money to ask anyone for... View More

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Health Insurance cost sharing when ex claims a kid for her own tax break?

Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More

Leonard R. Boyer
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answered on Jan 1, 2024

The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More

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