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 »
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 »
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 »
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 »
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 »
answered on Aug 20, 2022
Due to your financial problems, contact New Jersey Legal Services for an attorney.
He was facing jail time for a dui charge as well so he ran. He and his boss have ignored NEW Jersey Probation for a year now as well to avoid paying his alimony. Can his boss be held accountable for willfully ignoring the order for wage garnishment?
answered on Aug 1, 2022
I presume that your former spouse's employment was / is in New Jersey and that your former husband still works for the company remotely. Presuming I am correct, then an order served upon the employer in New Jersey for garnishment is valid and must be honored. If the employer refuses to honor... Read more »
Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »
answered on Jul 12, 2022
Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... Read more »
College costs- transportation
answered on Jun 2, 2022
In most divorce agreements, transportation costs are addressed in the agreement as an included item or an excluded item. My suggestion is to review your settlement agreement to see what the language says about an automobile for your child and/or the payment of transportation costs for your child to... Read more »
I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... Read more »
answered on May 31, 2022
Based on the limited information provided, it would be unwise if not irresponsible to give you black and white legal advice. You need a consultation with a family law attorney. Lets start off with whether NJ has jurisdiction over your matter yet. To have jurisdiction to file a complaint for divorce... Read more »
What can I do. I don't want to get divorced but if I do can I recoup anything.
answered on May 31, 2022
The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the... Read more »
My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »
answered on May 31, 2022
Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... Read more »
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »
answered on May 29, 2022
New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... Read more »
My husband is a carpenter in union out of Philadelphia - he also owned a side business that makes $80,000 yr - total $180,000
Do I agree with my lawyer and say he only makes $90,000 per year - and not include the landscaping money - because I will get in trouble for tax evasion- even though... Read more »
answered on May 17, 2022
Since you are represented by counsel, that is the only person who you should direct your questions to. But if you do not believe that the attorney is acting in your best interests, then you should seek a second opinion.
It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?
answered on May 12, 2022
The are more steps that have to be followed. Representing yourself in a divorce is unwise. You really need to retain an experienced matrimonial attorney. You are not only emotionally involved, you do not know the Court rules or proper procedures. Trying to save some money can often result in costly... Read more »
Does this will have a bad consequence in the time of custody and division of property?
Is it better for me to wait until we dissolve the marriage and then leave?
answered on May 11, 2022
You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.
I live in New Jersey, a equatable distribution state. Married for 5 years. We don't have children or own a house. Our finance were separate for the most part but I do pay most of our bills including rent, utilities and meals, because my spouse works only part time and do not make enough. I... Read more »
answered on May 3, 2022
Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced... Read more »
In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... Read more »
answered on May 3, 2022
Yes - because the purpose of the payment of alimony has to do with her financial dependency status as a result of the length of the marriage, the difference between your respective income settings, etc.
Think about the following example:
you were married for 15 years, during which... Read more »
I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.
answered on May 2, 2022
Yes, it doesn't matter where he lives or if you cannot find him. An experienced matrimonial attorney can handle this obstacle with the proper procedures. The sooner you retain counsel the sooner you will be able to be free to get on with your life.
Parties entered into an MSA based on 50/50 custody. Plaintiff argued for child support and primary parent rights two years later based upon significant changes and won. Court ordered child support be paid under NJ state guidelines. Plaintiff now wants to enforce MSA that states defendant should... Read more »
answered on May 2, 2022
Ordinary extracurricular activities are covered in the child support guidelines but if your child's participation in a sports program is an "extraordinary" type of reoccurring expense, it can be addressed separately.
So, the 1st question is whether you agreed to share in... Read more »
Is there any time frame for decision?
answered on Apr 19, 2022
This question was previously asked and answered. Repeating it will not change anything.
I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »
answered on Apr 19, 2022
If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.
I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »
answered on Apr 18, 2022
I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the... Read more »
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