Assumed market value 10 years ago, but not specified in agreement.
answered on Jun 5, 2023
The question focuses on the language of the agreement and the discussions/agreement in place when you signed the document. If the intent was to share equally the current value of the home and the current mortgage balance vs whether the intent was to share the then existing value / then existing... Read more »
Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?
answered on May 30, 2023
On its face, your question should be simple to answer BUT......
If your divorce agreement states that your former husband is entitled to XX% of the marital portion of your pension plan and that a qualified domestic relations order (QDRO) is to be entered, dividing the benefits, the next... Read more »
Divorce decree says we must share in post secondary costs.
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answered on May 18, 2023
What you need to do is retain an experienced matrimonial attorney, since this child is NOT emaciated. College is not for everyone. A trade school is a valid form of post high school education, as long as it is a legitimate trade school, not some fraudulent operation like Trump University or DeVry.... Read more »
Divorce decree says we must share in post secondary costs.
answered on May 15, 2023
Start off with the presumption that no she cannot stop paying but I would send her an email, quoting from the terms of your agreement that both of you are obligated to share your son's college/trade school costs and ask her how or why she thinks that she should not have to continue paying in... Read more »
Not sure if possible
answered on May 15, 2023
My suggestion is that you sit down with a divorce law specialist and let him / her guide you and explain to you what remedies are and are not available to you in a non-dissolution filing and what are and are not available to you in a divorce matter.
The worst thing that you can do is hire... Read more »
Still waiting for a few details to hash out. I was told she has to pay me back the difference from the date you filed your motion. Please advise. Correction filed motion 2/26/23
answered on May 4, 2023
Absent proof of fraud on you in connection with the underlying child support amount, the court cannot retroactively adjust a child support order to a date before the filing date of your current application. If your application was filed on 2/26/23 and is heard by the court on May 12, 2023, the... Read more »
answered on Apr 24, 2023
It depends on the language of your divorce settlement agreement. Sometimes when you have someone receiving alimony, whose employment setting is expected to change, lawyers can build a change in employment income into the agreement to try and reduce the need for further court intervention. In... Read more »
We rent. The rental is in my husband's name. All utilities are in my name.
answered on Apr 24, 2023
I'm guessing that you are looking to move out of the rental without your husband and you want to know if you can transfer the utilities from the current rental to your new rental so that your husband will have to put in place new utilities for the current rental.
If you want to keep... Read more »
In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.
She lives for more... Read more »
answered on Apr 24, 2023
There is no "real" legal advice to give in this setting. You are frustrated that your mother-in-law disrupts your household and while staying in your house, it appears that your mother-in-law is ungrateful/disrespectful to you.
My suggestion is that you sit down with your... Read more »
In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.
She lives for more... Read more »
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answered on Apr 29, 2023
If your mother-in-law is living in your condominium without your consent and causing disruptions in your life, you may have legal options to remove her from the property.
First, you may want to consult with an experienced attorney to determine your legal rights and options in your specific... Read more »
In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.
She lives for more... Read more »
answered on Apr 23, 2023
Legally you may have the right to keep her out of your home but obviously this will create issues with your wife who really should be on board with you and help protect you from her abuse. Nobody deserves to be mistreated. Perhaps you can find an apartment of your own while she’s in town and tell... Read more »
I have a contract for deed on the house. There is a mortgage on the house in her name only.
answered on Apr 18, 2023
I would get a writing as quickly as possible from your daughter and her husband acknowledging that the real owner of the property is you and that title to the house was put in your daughter's name for convenience purposes for you.
The 2nd question ( which is also tied to the 1st... Read more »
I have a contract for deed on the house. There is a mortgage on the house in her name only.
answered on Apr 19, 2023
Thank you for your question. There are many factors that the Court looks at in a divorce proceeding and how to divide the assets that were acquired during the marriage. Your daughter’s spouse can claim that the home is subject to equitable distribution and that it should be incorporated in the... Read more »
I have a contract for deed on the house. There is a mortgage on the house in her name only.
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answered on Apr 19, 2023
Attorneys Diamond and Boyer have offered great suggestions, but if I were you, I would not *DO* anything until you've retained a local attorney who will look at everything and guide you accordingly. I fear that if she were to transfer the home to you, that might trigger the due-on-sale... Read more »
answered on Apr 10, 2023
It depends. Was the pension distributed in your Marital Settlement Agreement or Judgment of Divorce? Did you have a QDRO prepared after your divorce, to divide your interest in the pension? Did the pension plan allow for a beneficiary in case of his death? Did your ex-spouse select a pension option... Read more »
My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just... Read more »
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answered on Mar 29, 2023
You need to retain an experienced matrimonial attorney to file a motion for termination of alimony and seek reimbursement of anything that you should not have paid. . You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is... Read more »
My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just... Read more »
answered on Mar 29, 2023
Hi, thank you for your question. I can see why this is very frustrating. In NJ, alimony can be reduced or terminated if the party receiving it can be shown to be "cohabitating" which means they have a shared financial life. They do not have to be officially living together, and many times... Read more »
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »
answered on Mar 24, 2023
Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... Read more »
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »
answered on Mar 20, 2023
The starting point is the actual language of the settlement agreement.
While you say the language only applies to communications between you and your ex, the actual language may be broader or there may be another language in the agreement that gives either/ both of you the right to speak... Read more »
We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »
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answered on Mar 19, 2023
Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... Read more »
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