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New Jersey Family Law Questions & Answers
0 Answers | 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

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

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Ex husband is not following PSA to pay for college. Filing motion to enforce litigant's rights. How difficult is this?

In PSA (8/26/14) it was agreed to share college expense. I had suggested he go and speak with HS guidance counselors and discuss college options and he never did anything. He refused to pay for HS college classes in dual enrollment. He has failed to contribute to any expenses. I want the court to... View More

Leonard R. Boyer
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answered on Jul 17, 2024

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can I have my parents stay with me in the house me and my wife co-own during our divorce process in NJ?

Leonard R. Boyer
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answered on Jul 17, 2024

That is a bad idea and could lead to significant problems beyond what you can ever conceive of. You need to retain an experienced matrimonial attorney to represent your interests in this matter. What you are considering is unwise and you should not do it. Of course, legally you can, but just... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

0 Answers | Asked in Family Law for New Jersey on
Q: There's somewhere my grandma wanted to be buried but my uncle has her ashes. If it was in her will can something be done

My grandma wanted to be buried somewhere specific. She mentioned that she had it in her will but I've never seen it so I'm not sure if it is. My uncle has her ashes. If it's in her will can something legally be done to obtain the remains and fulfill her last wish to bury her where... View More

0 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Is a California divorce agreement enforceable in nj. Life insurance with me as beneficiary was to be in place and if

It wasn’t then my deceased ex husbands estate is to be used to settle the spousal support obligation. He was a resident of NJ

0 Answers | Asked in Family Law for New Jersey on
Q: How do I evict two adult children from my house?

Sometimes they pay very little rent. Their rooms have food garbage. They are 18, 22, and 20 years old and two dogs fight.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can my ex husband leave our 12 year old daughter home alone overnight while he's working night shift?

My ex started working a full time overnight position leaving our 12 year old daughter home alone on his nights which are Wed, Thursday and every other Friday. He kept this a secret until my daughter finally told me. I'm highly concerned and I live 6 minutes away, however he's so... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 18, 2024

In deciding whether to modify custody, the Court considers whether there has been a change in circumstances and whether a change to the custody schedule would be in the child’s best interests. A judge may decide that your ex leaving the child alone at night is a change in circumstance and that... View More

2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Is there a different process for seeking an annulment versus a divorce?
Richard Diamond
Richard Diamond
answered on Jun 13, 2024

An annulment means that there was a fraud that went to the heart of the marriage and for court purposes, you need to be able to prove that fraud, and the longer the marriage lasted, the more difficult it will be to prove a fraud.

If the purpose of your inquiry is for religious reasons, you...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I'm Pro Se. Why did my wife's divorce attorney include a one-page boilerplate list objecting to every interrogatory? Tx

They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.

Richard Diamond
Richard Diamond
answered on Jun 4, 2024

They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.

Separately, if there are deficiencies, you need to a deficiency...
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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 3, 2024

Child support in New Jersey is considered the right of the child, meaning that it cannot be waived by either parent. Parents can file for child support at any age, so even if they agree not to seek support for the time being, they can still file later. However, child support will normally be... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Leonard R. Boyer
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answered on Jun 1, 2024

You should realize by now unless the Court Order's your ex-husband to pay what he is supposed to, he is going to do whatever he wants. You need to retain an experienced matrimonial attorney who will charge you for about 1/2 to 1 hour of attorney time to review all the relevant documents and... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Richard Diamond
Richard Diamond
answered on May 31, 2024

It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Michael Andrew Conte
Michael Andrew Conte
answered on May 28, 2024

It is up to the judge. File an adjournment request with that judge via JEDS, provide the reason you are making the request, and ask the judge for his/her chambers staff to contact you to advise as to whether the adjournment is granted. Otherwise, appear at the appointed time.

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