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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law for New Jersey on
Q: RE: QDRO in NJ What provision of NJ state domestic relations statute does order implement....

I have a sample qdro from plan administrator which I am completing based on jod but there is a part I don’t understand what they want. It reads: “This order is issued (cite specific provisions of the state domestic relations statute which order implements)

Richard Diamond
Richard Diamond
answered on Sep 25, 2023

QDRO stands for qualified domestic relations order.

As a general statement, qdro's are used to divide employment-related retirement assets subject to division in a divorce order or contained in the divorce settlement agreement.

If there is a divorce judgment/settlement...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My soon to be ex & I are in an ISC mid-Oct. We are pro-se. I'm unemployed & know that I am going to get cut off all $

He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More

Richard Diamond
Richard Diamond
answered on Sep 25, 2023

An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More

0 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long must I continue to store my estranged wife's personal possessions?

She has been gone for 4 years. I have asked her repeatedly to come to pick up her things. She makes arrangements but then does not show up. I have offered to bring her boxed up things to her apartment or to a neutral site , but she will not agree to that either. Currently I am paying for a... View More

0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for New Jersey on
Q: my two siblings don't wanna be with their adopted relatives anymore would I be able to get help with housing to get

Custody of them? I too, was a foster child and my aunt was living with my grandma at the time when they started the adoption process and even helped with housing is it possible I would get certain help and resources to get them? And/or have polices changed and I would have to have everything in... View More

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Why must I continue to pay Child support if my daughter moved out from home and is working and paying rent?

My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

Emancipation is not automatic, a motion to emancipate her has to be filed. If there are some facts that you have not provided, that would explain why no attorney you spoke to believes it is an issue. So if you not left out key facts, it would require a motion. However, if she is a special needs... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: if two people have a kid, can a parents obligation for child support be lifted if both parties sign off on it?

Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Had a bed and board divorce and was sent papers by my ex to dissolve into a divorce need help with what below text means

ORDERED that the Marital Settlement Agreement entered into evidence at the time of the hearing on June 10, 2021, which was marked J-1, shall be a part of and incorporated into this Dual Final Judgment of Divorce with the parties full acknowledgment that the Court took no testimony as to the merits... View More

Richard Diamond
Richard Diamond
answered on Aug 31, 2023

It sounds like your attorney and your spouse's attorney agreed to a divorce from bed and board for a specific period of time with either / both parties having the right to convert it to an absolute divorce at a later date and now your spouse is seeking to convert the divorce from bed and board... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: In New Jersey, can a contested divorce become an uncontested divorce once the attorneys withdraw from the case?

The divorce was filed pro-se. We thought it was going to be uncomplicated. It became complicated. We both hired attorneys. Now both attorneys are off the case. We have been through everything including different judgements for anything ranging from child support to parenting schedule and spousal... View More

Richard Diamond
Richard Diamond
answered on Aug 17, 2023

You are mixing apples with zebras.

The cause of action for divorce ( reflected in the complaint for divorce that gives you the docket number in the court system) can be based on fault or it can be based on irreconcilable differences, but the cause of action for divorce has nothing to do...
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1 Answer | Asked in Family Law, Child Custody and Health Care Law for New Jersey on
Q: What are the COVID guidelines in New Jersey for noncustodial supervised visitation?

The supervisor of these visits tested positive for covid.

Richard Diamond
Richard Diamond
answered on Aug 15, 2023

If the supervision is through an agency or program, I presume that they have other supervisors available. If its a private person acting as a supervisor, then I presume that you need to speak with the supervisor about finding a replacement acceptable to you and to your former partner.

I...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My ex-son in law wants to take his 3 children and hang out with his girlfriend in a tattoo shop. What can we do?

Kids are twins who are 6 and a 13 year old.

Richard Diamond
Richard Diamond
answered on Aug 10, 2023

First question: where is your daughter in this equation?

Is she opposed to the kids hanging out there and if so, what if anything has she said/done to express her objections?

As grandparents, you can try and talk with your former son in law and tell him that you are willing to...
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1 Answer | Asked in Family Law and Adoption for New Jersey on
Q: Hello, Thank you in advance. I was in the foster care system and want a copy of my records. How can I obtain these?

I was age 11 to 17 when I the system.

T. Augustus Claus
PREMIUM
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answered on Aug 8, 2023

To obtain your foster care records from your time in the system in New Jersey, follow these steps:

1. **Contact the Agency:** Get in touch with the agency responsible for your foster care placement, such as the New Jersey Department of Children and Families (DCF) or a private agency....
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Divorced senior, was awarded 1/2 of her mates transit pension.I'm 71 can i still get it?NJ Transit 'sharedinterest'

Ex mate is currently getting this pension.

Richard Diamond
Richard Diamond
answered on Aug 3, 2023

You and your spouse divorced (presumably in New Jersey) and as part of your divorce, you were awarded in a court order/settlement agreement 50% of the marital portion of your spouse's pension plan. In the court order/settlement agreement, presumably, it also stated that you and he were to... View More

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I currently have a restraining order on the father of my 2 kids. He also plead guilty to a stalking 3rd degree felony.

There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More

Richard Diamond
Richard Diamond
answered on Jul 18, 2023

I don’t mean to be rude, but:

1. You currently have a domestic violence final restraining order in place against the father of your 2 kids.

2. You also filed a criminal stalking charge against him after the entry of the final restraining order, resulting in him pleading guilty to...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can a parent with joint custody take a child (15months old) on a cruise without at least notifying the other parent?

Everyone resides in New Jersey and we have joint legal custody of our son

Richard Diamond
Richard Diamond
answered on Jul 13, 2023

The first and most important question is whether you and your ex have a written agreement memorializing the terms of your custody, parenting time and support setting.

Secondly, you said that you and your ex have a joint custody arrangement but in New Jersey, custody arrangements are...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: What motion can I file when the spouse keeps delaying court proceedings purposely?

Spouse keeps on using delaying tactics in order to avoid our divorce to go to trial. It has been four years of this, what motions can I file so the judge knows what's going on. Spouse keeps switching lawyers and keeps filing false accusations against me in order to avoid the divorce to go to... View More

Richard Diamond
Richard Diamond
answered on Jul 13, 2023

Between the pandemic and the shortage of judges in the New Jersey court system, many counties are experiencing terrible delays in getting divorce matters to trial. In fact, many counties are running about 3 1/2 - 4 years out from the date of the filing of the complaint for divorce for "real... View More

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife of 5 years recently moved back into my home. It is been 3 weeks. She filed a tro against me after a discussion.

I have a special needs son who lives there. She has a daughter there. What happens to me?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2023

You have to retain an experienced matrimonial attorney with extensive domestic violence trial experience to protect your interests in this matter. Your question cannot be answered in this forum with such limited information. Pick the best attorney you can find and remember one rule: a good... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My mom wants a divorce, so my dad went psycho and is cutting us off financially, what should we do?

My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2023

Your mother is not a resident of California, she will need to retain an experienced New Jersey matrimonial (divorce) attorney. The situation is more complex than you realize, but an attorney cannot represent anyone in a divorce case on a contingency fee basis. The situation is beyond what most... View More

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1 Answer | Asked in Family Law for New Jersey on
Q: Family court statute of limitation in NJ Family court

I have been divorce in 12/2008. In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo and saved me and my daughter from losing our home. Our daughter will be a college freshman in September and he is using that money to be applied towards his... View More

Richard Diamond
Richard Diamond
answered on Jun 26, 2023

You wrote:

In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo

and saved me and my daughter from losing our home.

Now your daughter is in college and your ex wants to use the equity from the condo to help pay for the...
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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: Can I become a paralegal and then a lawyer with my background? I have a motor vehicle conviction and domestic violence

I had a 2005 DUI in New Jersey which was a traffic crime. It is only on my driving record but in 2021 I had 2 restraining orders 1 from my ex girlfriend in California court which was for 14 months and is now over and a permanent restraining order issued against me in New Jersey near the same time.... View More

Richard Diamond
Richard Diamond
answered on Jun 25, 2023

You need to talk with a lawyer who specializes in attorney ethics matters. Under our rules, if a lawyer is found guilty of domestic violence, it must be reported to the state ethics department. If the claim involved assault, a lawyer can be suspended from the practice or disbarred so I would... View More

1 Answer | Asked in Family Law for New Jersey on
Q: Paternity testing

I recently took the mother of my possible son to cour to request, genetic testing. Because I signed his birth certificate, they denied genetic testing, and suggested we do it privately. Another gentleman did come forward and say the child was his. My question is because I am legally his father, am... View More

Richard Diamond
Richard Diamond
answered on Jun 26, 2023

I have no idea who you spoke with at the courthouse, but the fact that you signed the birth certificate does not mean that you do not have the right to contest paternity. The statute governing paternity proceedings specifically gives you the right to challenge paternity but doing it on your own has... View More

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