Lawyers, Answer Questions  & Get Points Log In
New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law for New Jersey on
Q: Is alimony for a personal business calculated from schedule C net earnings or post-tax income?
Richard Diamond
Richard Diamond answered on Oct 17, 2020

My guess is that you are going through a divorce presently and trying to figure out how to calculate how much you need to pay for alimony. Im making that "guess" since if you already had an alimony obligation in an agreement or court order, it would identify what your income setting was... Read more »

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: In NJ, when parents were never married, does the non custodial father have to pay for college in addition to CS?

Child was estranged and the father had no input on college decisions. Father also can't afford to contribute to college on top of the child support he is already paying. Couple was never married and have no agreement about college.

Richard Diamond
Richard Diamond answered on Oct 6, 2020

Whether married or not, the obligations owed to a child remain the same ..... but the starting point in this discussion is the language of your agreement or court order for child support & parenting time. Presumably, your agreement / court order provided you and your ex with a joint legal... Read more »

View More Answers

2 Answers | Asked in Family Law for New Jersey on
Q: I advocate and assist in finding proper representation for grandparents. Searching for a family lawyer

Involving a 5 year old child who's father and mother died and grandmother is being misled to sign to allow the childs aunt to adopt the child . The attorney representing the grandparent has threatened the grandmother to sign the document telling her it is easier this way and has created a... Read more »

Richard Diamond
Richard Diamond answered on Sep 21, 2020

Is this matter in New Jersey? If its not in NJ, I cannot speak to the laws of another state as to its handling of grandparent rights claims.

If the matter is properly in NJ, our firm has represented many grandparents in their efforts to remain involved in their grandchildren's lives...
Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can the arrears ex owes me - they are mostly for child support, be counted retroactive for 5 years of cohabitation?

I divorced in 2013 due to DV. Contract states 250/week child support, 500/month alimony.

At time of divorce - 11 year marriage/2 children - I was undocumented and had no education as we decided to stay in USA to get his career going and I left University in Canada where I was a permanent... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 18, 2020

Thank you for your question. I am sorry you are going through this situation. To answer your question, alimony arrears and child support arrears are treated differently. Child support arrears are only retroactive to the date of the order or filing of the complaint -depending how the judge entered... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: I'm a stay at home mom and want to leave my current situation, if I take my child and leave is that kidnapping?

I'm in a not so healthy relationship, my fiance is currently using drugs (denies it but I know he is I've been with him for 4 years). We have a 2yo together and one due 12/4.. i also have 2 daughters from previous relat.... i already feel like a single mom and have given him an ultimatum... Read more »

Richard Diamond
Richard Diamond answered on Sep 8, 2020

Presuming that you leave him a detailed letter, letting him know exactly why you have left and that you are not seeking to prevent him from continuing a parenting relationship with his child / children and that you will cooperate with his efforts to see and be with his child / children AND... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Aunt has sent more than 150 txt and emails in 90 days with harsh language and degrading comments. Can I do anything

I have more than 150 emails text and voice mails that I have been receiving for more than 3 months. It started because I did not throw a birthday party for my son in the beginning of June during Corona virus lockdown. It has escalated to her verbally attacking me, and everybody in the family.... Read more »

Andrew M Shaw
Andrew M Shaw answered on Sep 7, 2020

First, you can report her harassment to the local police department. Harassment and cyber harassment are both crimes in the State of New Jersey. Whether to bring charges for any particular act of harassment rests in the discretion of the prosecutor's office, but the possibility of criminal... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 7, 2020

More information would be needed to properly answer your question as you did not say whether your minor child is also his child.

View More Answers

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: I live in florida my kids were born here my ex took the kids to new jersey applied for food stamps and medicaid then

Left the state and moved without any notice i have not seen or talked to my two boys in almost 10 years i need to get a reduction on my support order how do i do that

Teresa L. Reichek
Teresa L. Reichek answered on Sep 3, 2020

Thank you for your question. That sounds very frustrating. You need to consult an experienced family law attorney in the state where your child support order originates. If it is a NJ order then seek counsel in NJ. Also, consider that if you are still paying child support then your ex is receiving... Read more »

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Probate for New Jersey on
Q: Do lawyers have access to court audios?

Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?

Andrew M Shaw
Andrew M Shaw answered on Aug 31, 2020

Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... Read more »

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: Is it legal for my ex to antagonize me through out the day in our home then record me Chop edit and toy with recording
Richard Diamond
Richard Diamond answered on Aug 24, 2020

I gather you and your ex are still living together in the former marital home until it sells or until a specific date on the calendar required by the terms of your divorce agreement. My suggestion is that you send your ex an email / text ( or have your lawyer do so), confirming what you view as... Read more »

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How does the judicial system accommodate for, and assist spouses to move forward in resolving marital financial abuse?

What legal recommendations is there for a 34 yr marriage where the wife has worked PT while raising the children and being a homemaker, who is ready to retire, as children have moved out of the house. The husband has been angry and given the wife the silent treatment for 6 yrs. He pays rent, taxes,... Read more »

Andrew M Shaw
Andrew M Shaw answered on Aug 21, 2020

Thank you for posting this question. Marital financial abuse is a very serious issue, but the Courts do provide methods by which it can be addressed. While the Court cannot compel marital counseling, it can certainly grant a Judgment of Divorce that respects and acknowledges your rights (and your... Read more »

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My son is 13 and I want a dna test. I live in New York and they live in New Jersey. I don’t remember signing the birth

I’m not sure he’s mines and I’ve been paying way too much over the years I’m in arrears

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

I do not practice NJ law and this should be posted in the NJ section unless the order of support is a NY order. If the order is a NY order, you cannot ask for a DNA test as there is already an order and you were found to be the father. Even if there was no order, the fact that you have identified... Read more »

View More Answers

2 Answers | Asked in Family Law for New Jersey on
Q: Visits and COVID-19 quarantine

I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... Read more »

Richard Diamond
Richard Diamond answered on Jul 22, 2020

Not an easy issue to resolve given that you have a compromised immune system and the biological mother has significant restrictions on her contact / access to her daughter. Im guessing that the reason for the non-overnight plan in place has to do with concerns for the mothers mental health issues... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »

Timothy Denison
Timothy Denison answered on Jul 20, 2020

Yes. Single or married.

View More Answers

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: If my minor child were to have his own child, am I still required to pay child support?
Richard Diamond
Richard Diamond answered on Jul 20, 2020

Believe it or not, there are cases where a child gives birth to a child and the court system still views that child as un-emancipated and in need of support from her parents. As an example, if your daughter got pregnant and is in the 11th grade and her plan is to continue with her educational... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can my 18 year old be emancipated if she is 100% dependent on me?

The NCP filed an application to emancipate based on her college credits. She was full time in the fall and part time in the spring because of a switch in schools. She is taking summer classes and is registered for the fall as a full time student. The judge emancipated her solely on her college... Read more »

Richard Diamond
Richard Diamond answered on Jul 13, 2020

Im sorry to say, but this is a perfect example of a setting where you should have hired a family law specialist to represent you instead of representing yourself or hiring a general practice lawyer. On its face, it appears that your daughter may not have been emancipated or that the court should... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How long do the terms of divorce decree remain in affect.

Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »

Richard Diamond
Richard Diamond answered on Jul 10, 2020

Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can I retain custody of my twins if , 4 years ago i essentially lost custody as I missed a hearing?

I do not know the full details pertaining my loss of custody with my twins but I didn’t have a home then and they were temporarily placed with my adoptive family.; I have $5000 I need you.

Thanks

Richard Diamond
Richard Diamond answered on Jul 6, 2020

From the information you have provided, 4 years ago, there was an application filed with the court system to take physical custody of the children from you based on claims of abuse or neglect. You were given notice of and the details of the claims made against you and you failed to appear for that... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Am i allowed to take my kids out of state and am I allowed to move out of state

My kids live with me and I am the mother the dad sees them some but is very mean to me and i am deciding to move out of state to newyork state and I allowef to move with my kids no legal papers or anything have been ever filed and there's no set custody except. For birth which I am the... Read more »

Richard Diamond
Richard Diamond answered on Jul 3, 2020

The law in New Jersey concerning "relocation" changed recently and now the court is required to employ the "best interest" test to a custodial parent seeking to move out of the state of NJ with the parties child[ren] - meaning that either you need to get a writing from him... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.