Lawyers, Answer Questions  & Get Points Log In
New Jersey Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Are there exemptions from paying child support in NJ for persons whom are permanently disabled (brain injury)?

My aunt's husband took a bullet to the head and is now on permanent disability. He is not all there cognitively and he will end up receiving scrap money from disability. They are going to issue a warrant for his arrest and he will absolutely NOT survive if sent to prison. The man is not stable... Read more »

Richard Diamond
Richard Diamond
answered on Sep 15, 2022

He ( and a guardian on his behalf) need to meet with a family law attorney immediately. Yes, there are provisions in the law to address an individual with legitimate disabilities and presumably, if he is disabled, his child[ren] are receiving benefits as well.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... Read more »

Richard Diamond
Richard Diamond
answered on Sep 6, 2022

You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... Read more »

View More Answers

2 Answers | Asked in Family Law for New Jersey on
Q: Greetings, Would like to obtain information re family laws concerning non-marriage co-parenting arrangements. Thanks!
Richard Diamond
Richard Diamond
answered on Aug 31, 2022

Married or unmarried, if you are a parent, you have specific rights and obligations and the best way to know what those rights and obligations are is to schedule a consultation with a family law specialist. And, moving forward, it is best to have a formal written agreement in place spelling out the... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My parents purchased a house while married, when they divorced my father remarried and had 2 children with my stepmother

My mother has a son,My dad still has the house, never bought my mom out, apparently there’s a will they did together dividing the house between 4 siblings (same parents) according to my dad his children from the other marriage have rights to the house but not my mothers son. He also claims she... Read more »

Richard Diamond
Richard Diamond
answered on Aug 29, 2022

Its impossible for any lawyer to attempt to give you legal advice based on the information supplied. You need to schedule a consultation with a family law attorney to review your parent's divorce agreement to understand the agreement reached between your mother and your father over the... Read more »

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

1 Answer | Asked in Family Law for New Jersey on
Q: What recourse do I have when a daycare worker admits to abusing my child

Received a call from a state investor to inform me my 3 year old child's teacher admits to abusing my child, spoke with the center director who claimed to have no knowledge of abuse against my child

Richard Diamond
Richard Diamond
answered on Aug 15, 2022

I would immediately reach out to the DCPP rep who you spoke with to get additional information and to see what steps the agency is taking to protect children from this facility/teacher. Other than the person on the phone telling you that he / she worked for DCPP, what additional information did... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: what are the steps that my friend has to take in order to be able to take his kids for visits to his house.

he is not on the birth certificate. he lives in NJ she lives in PA

Richard Diamond
Richard Diamond
answered on Aug 15, 2022

The most important question is whether there is a court order in place addressing visitation or addressing child support for this child. If there is a court order already in place, then any application to the court seeking visitation must be filed in that court. If no court order has been entered... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: After a house sells (judge ordered in divorce) the title agency sent both parties checks to the wife’s lawyer. Why

Proceeds from the sale of the house was to be split 50/50 and was. Checks were distributed directly to the wife’s lawyer WHO DOES NOT REPRESENT THE HUSBAND. why is this legal? Why did the checks not get sent to each party separately

Richard Diamond
Richard Diamond
answered on Aug 15, 2022

1. Judge ordered the former marital home to be sold

2. parties sell the marital home and neither party hires a lawyer to represent them at the closing of title for the sale of the home.

3. Presumably neither you nor your former spouse was physically present at the closing for the...
Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: can my son grandmother get any rights to my son. I already have joint legal custody that I share with my son mother .

The mother of my child have residential custody. And now the grandma trying to get residential custody and they both live in the same home mom and daughter.

Richard Diamond
Richard Diamond
answered on Aug 8, 2022

Interesting question. The question is what role does the grandmother play in the child's day to day life and why? If the answer simply is that your ex lives in the same house with her mother, presume that it is not sufficient but if the grandmother is primarily responsible for the child's... Read more »

1 Answer | Asked in Criminal Law, Family Law and Estate Planning for New Jersey on
Q: How does an inmate get a general power of attorney signed over

The form already filled out. Can I just get two witnesses inside to sign or how would I get something notarized while incarcerated

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 5, 2022

Logistics will require coordination with prison/jail security. Generally speaking if one is serious about the execution of a power of attorney or any other estate planning documents, then one ought to seriously retain an attorney to draft and oversee the execution of the instruments.

1 Answer | Asked in Family Law for New Jersey on
Q: My Mom passed away and my sister is an executor. I'm a beneficiary. my sister asked me to meet with her & realtor.?

I am not sure if this is the right thing to do, is meeting both parties Realtor and my sister at Mom's house. any advice? I have twin 10-year old's and I am a widow myself and not working. What do you think will happen and how does this work.

Richard Diamond
Richard Diamond
answered on Aug 4, 2022

My guess is that your sister is planning to list and sell your mother's home as part of her handling of the estate, or she wants to discuss with you the value of the home for her / you to keep as part of the division of assets of the estate. My suggestion is that you can meet with her and her... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Ex-husband paid a $35k bill for me 7 years ago. He is now asking for it back.

We have been divorced for over 10years and when we settled out of court the deal was that he would make sure I always lived in the same area as when we were married so our daughter could continue going to the same schools. I lost my job and fell behind on my house payments the bill totaled $28-35K... Read more »

Richard Diamond
Richard Diamond
answered on Aug 1, 2022

It sounds like he honored his support obligation to you under the terms of the agreement but because you fell behind on payments for your mortgage over the past several years, he voluntarily assisted you in payments over and above his support obligation under the terms of your agreement and while... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: how long can a parent use babysitter for a child and not use the availability of another parent

i go to work and have to leave my child with the baby sitter for around 10 hours. Can I use the baby sitter or have to leave the child with other parent if the other parent is available

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

Based on your work schedule, someone needs to watch your child and it can be up to 10 hours per day during a normal work week and you have been using a babysitter for that role, but your ex is available to watch your child during that same time frame. So, I gather you would rather pay a babysitter... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: How do I get a Continuance for an ongoing Family Court case in NJ? And are my reasons legally legitimate?

What is the procedure for requesting a continuance in Civil Family Court in NJ? 

I’m asking for a friend. 



Also we need to know if his reasons for a continuance are legally legit: 

He has two main reasons - 1) He needs more time to find legal representation. We have... Read more »

Richard Diamond
Richard Diamond
answered on Jul 25, 2022

If there is a matter pending before the court, you must contact the judge's chambers for the judge hearing the case and ask him to give you an adjournment. You can call the judge's chambers and ask to speak with the secretary or the judge's law clerk and provide your reasoning for... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I have sole legal and residential custody. There is nothing about visitation on divorce. He sees sim 2x a month.

This is the 2nd time I get him and he has a alarming mark on him. First time a deep scratch on pubic area. Today 3 red mark on the side of his neck. I asked father both times with pics and he says he knows nothing about that. I’m worried and I want to know what should I do now ?

Richard Diamond
Richard Diamond
answered on Jul 19, 2022

Is the reason why you have "sole custody" of your child because of concerns over physical violence from the other parent? I dont know how old your child is but if you have concerns over the presence of marks after a visit, then contact DCPP and let them know what your concerns are and let... Read more »

2 Answers | Asked in Family Law, Landlord - Tenant and Estate Planning for New Jersey on
Q: If my older brother says he is power of attorney for my mother who has dementia doesn’t he have to prove that to me?

I live in my moms place in New Jersey and have been for 38 yrs now he’s trying to kick me out since he says he’s power of attorney!! If he isn’t poa can he legally do this to me ? He won’t show me the document that he’s power of attorney either

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 13, 2022

Yes, he should show you proof of his authority as deputy under the power of attorney. If your mother is suffering from dementia and has been diagnosed, the power may not be valid if executed when you mother was not considered to be capable of executing legal documents. You should speak to an estate... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Health Care Law for New Jersey on
Q: Is there a simple template or fill-in last will and testament that I can get to fill out for a relative?
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 12, 2022

That would be practicing law without a license. "Template" legal documents are rarely worth the paper they are printed on. If your friend cannot afford a private attorney, then that person needs to contact NJLS or law school legal clinics.

View More Answers

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: How do I file for interference with custody? Parental alienation

My child was moved to another state when there was a court order for joint custody in NJ. The other parent moved and did not contact or have an agreement with the other parent to move.

Bari Weinberger
Bari Weinberger
answered on Jul 8, 2022

Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Question about family estate.

When I was 13 or so, my grandmother passed away. For perspective, I am 21 now. She left the family with an estate worth X amount. Seeing as though I was only 13, I was never contacted about anything regarding the estate and never knew anything about it. That being said, the estate took many years... Read more »

Richard Diamond
Richard Diamond
answered on Jul 5, 2022

The short answer is that the estate documents should have referenced the appointment of someone on your behalf since you were a minor and entitled to receipt of benefits under the estate plan. I dont know what complications took place causing an 8-year delay in winding up the estate but that may... Read more »

2 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for New Jersey on
Q: How to dismiss, etc. false allegations of spousal abuse & harassment? TRO dismissed now civil restraints, took daughter

Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 3, 2022

Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.