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I have a child that is 2 years 8 months. I am not together with the father. He is on the birth certificate. He did not pay for any prenatal care or for the birth. At the time I was working and had insurance and he was not working as he was studying full time.
answered on Sep 21, 2024
As far as I am aware, the "Unborn Child Support Act" was introduced in 2022 as proposed federal legislation.
The bill never made it out of committee.
It was then reintroduced in 2024 and, as far as I understand, has not been approved by Congress.
Even still,... View More
If I'm getting married without a prenup in NJ and currently have multiple trading accounts with several million in assets across them, will those assets be considered pre-marital property and not subject to division if I do not contribute any new money to these accounts? Will using those... View More
answered on Sep 18, 2024
Do not even think of getting married without a prenuptial agreement. That would be the worst mistake you could possibly make. You need to retain an experienced matrimonial attorney who knows how to make an iron clad agreement. Pick the best attorney you can find and remember one rule: a good... View More
The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.
answered on Aug 30, 2024
In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More
Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties
answered on Aug 26, 2024
You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More
Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties
answered on Sep 9, 2024
When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete... View More
answered on Aug 5, 2024
As a general matter, if you want to do it "on the cheap" at minimum cost, you could visit a stationary store near a courthouse that sells standard legal forms, you could find legal forms online, or you could use one of the do-it-yourself services.
Most law firms are equipped to... View More
Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More
answered on Jul 27, 2024
You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More
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
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
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
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
answered on Jun 15, 2024
Depending on a variety of factors obtaining an annulment can be more difficult than a divorce. The process is very similar. You need to retain an experienced matrimonial (divorce) attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More
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... View More
answered on Jun 10, 2024
Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More
They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.
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... View More
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
answered on Jun 3, 2024
The father says that he is willing to support his child. Presuming he is being honest, why would you then file an application with the court to potentially get the same amount that he is offering without court intervention?
If anything, hire a lawyer to know what you are entitled to... View More
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
answered on Jun 13, 2024
Thank you for your question. Assuming that the father's paternity test was positive, you always have the right to seek child support from him for the benefit of the child, whether now or a few years from now. However, the longer that you go with accepting the goodwill of him and his family,... View More
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
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
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.
answered on Jun 1, 2024
Generally speaking, a party seeking to modify child support based on changed circumstances (like one child graduating from college) should file a petition in Court requesting to change or terminate support. While it may be that your child would be considered emancipated, the proper course is to... View More
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.
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
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.
answered on Jun 1, 2024
If your son graduated from college, isnt it safe to say that he is emancipated under the law? I presume your settlement agreement imposed a support obligation on your former husband until your son graduated from college. Typically, a payor would reach out to the other spouse in advance of the... View More
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
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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