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New Jersey Family Law Questions & Answers
2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
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answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

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0 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: my son locked his deceased moms id inhis room

i need the id to take care of business

0 Answers | Asked in Family Law for New Jersey on
Q: My sister's in Puerto Rico excluded me from my dad's final days and arrangements. I live in NJ. Do I have any rights?

My paternal half sisters will not return any calls or messages from family or myself. I visited Puerto Rico in September and they still did not respond. I am suspicious it is because of monetary assessets, but not sure how to proceed.

1 Answer | Asked in Family Law, Juvenile Law and Sexual Harassment for New Jersey on
Q: I am wondering if someone could help me answer questions about my case as a minor.

I am a minor charged with 2nd degree sexual assault and 3rd degree endangering the welfare of a minor. I am not allowed to live at my home and i am not allowed to have contact with anyone under the age of 18 preventing me to talk to my friends and go to school. I wanted to ask a few more questions... View More

Clifford E. Lazzaro
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answered on Nov 8, 2024

To fully answer your question, I must review your judgement of conviction or juvenile disposition sheet as well as a copy of your case file.

On sexual assault convictions and endangering the welfare of a child convictions related to inappropriate sexual contact, there is PSL, which stands...
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1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years.... View More

Richard Diamond
Richard Diamond
answered on Oct 27, 2024

You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More

0 Answers | Asked in Adoption and Family Law for New Jersey on
Q: My ex has no contact order and has recently gave up all my dogs up for adoption without me knowing and done purposely. H

I’m afraid what he will do to the rest and physically hurt them and not feed them.

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Richard Diamond
Richard Diamond
answered on Oct 21, 2024

It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: With the unborn child support act, is father of child required to pay this retroactively to me?

I have a child that is 2 years 8 months. I am not together with the father. He is on the birth certificate. He did not pay for any prenatal care or for the birth. At the time I was working and had insurance and he was not working as he was studying full time.

Richard Diamond
Richard Diamond
answered on Sep 21, 2024

As far as I am aware, the "Unborn Child Support Act" was introduced in 2022 as proposed federal legislation.

The bill never made it out of committee.

It was then reintroduced in 2024 and, as far as I understand, has not been approved by Congress.

Even still,...
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1 Answer | Asked in Family Law for New Jersey on
Q: How to best protect existing assets without a prenup?

If I'm getting married without a prenup in NJ and currently have multiple trading accounts with several million in assets across them, will those assets be considered pre-marital property and not subject to division if I do not contribute any new money to these accounts? Will using those... View More

Leonard R. Boyer
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answered on Sep 18, 2024

Do not even think of getting married without a prenuptial agreement. That would be the worst mistake you could possibly make. You need to retain an experienced matrimonial attorney who knows how to make an iron clad agreement. Pick the best attorney you can find and remember one rule: a good... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Does a provision in a PSA requiring me to pay “permanent alimony” for the rest of my life invalidated by statute?

The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.

Richard Diamond
Richard Diamond
answered on Aug 30, 2024

In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have an FRO with my ex-bf. He keeps calling DCP&P on me w false allegations. Is this a violation of the FRO?
Michael Andrew Conte
Michael Andrew Conte
answered on Aug 30, 2024

It could be, but like any other alleged domestic violence case - it is highly dependent on the facts of your case. You should consult with a qualified family law attorney who handles domestic violence cases to better assess the situation and/or discuss the situation with the police.

1 Answer | Asked in Contracts, Copyright, Family Law and Business Law for New Jersey on
Q: People made me sign a document. I only know that people ordered me to sign it and then left quickly.

People made me sign a document. I can provide details but it would never be believed. I only know that people made me sign a document and then left my house quickly. I do not know who they were. I do not know what I signed. Is there any advice to me on finding out what I signed? Once again...... View More

James L. Arrasmith
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answered on Aug 24, 2024

It sounds like a very troubling situation, and it's important to take action to protect yourself. The first thing you can do is check for any physical copies of the document in your home. Look through all your papers to see if there’s anything unfamiliar. If you can't find anything,... View More

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties

Leonard R. Boyer
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answered on Aug 26, 2024

You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Struggling financially and have 30 days to respond to the court, need some legal help pro-bono. How do I find lawyers
Jennifer Setters
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answered on Aug 12, 2024

If you’re facing financial difficulties and need to respond to the court within 30 days, finding legal help is crucial. Here are some steps you can take to find a pro-bono or low-cost lawyer:

Legal Aid Organizations: Start by contacting local legal aid organizations in your area. These...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can I choose which parent to stay with it a divorce even if I'm 15 and live in new jersey
Leonard R. Boyer
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answered on Aug 9, 2024

This is not a decision for you to make. A Judge may take into account your thoughts but only a Court will decide. Good luck.

1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Where I can obtain power of attorney
Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

As a general matter, if you want to do it "on the cheap" at minimum cost, you could visit a stationary store near a courthouse that sells standard legal forms, you could find legal forms online, or you could use one of the do-it-yourself services.

Most law firms are equipped to...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Ex-husband refuses to give proof of insurance, if I file a motion can he answer with a motion to reduce alimony?

Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More

Leonard R. Boyer
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answered on Jul 27, 2024

You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: can a city inspector walks into one's backyard without permission?

I never receive a notification about the visit, only my 16 years old was at home and she saw him in the backyard. He never rang the door bell and I saw him on the cameras

James L. Arrasmith
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answered on Jul 27, 2024

City inspectors typically need permission or a warrant to enter private property, including backyards. Exceptions can include situations where there are visible code violations from the street or if there's an immediate danger.

If an inspector entered your backyard without notice or...
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1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for New Jersey on
Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?
Leonard R. Boyer
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answered on Jul 17, 2024

What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either... View More

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