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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: What does moving party checked in and left court w/o asking for an adjustment. Matter is dismissed LOP w/o prejudice?

I requested a DNA test back in Jun 2018. Mother never took the child, that I am aware of. But I mysteriously received some DNA results in the mail in Feb of 2019, and received an order from the courts in April 2019 stating the case was dismissed LOP w/o prejudice. Does this mean she possibly never... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 20, 2019

That is probably what happened. Since the case was dismissed without prejudice, it can be refiled.

1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?

We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 17, 2019

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... Read more »

1 Answer | Asked in Animal / Dog Law and Family Law for New Jersey on
Q: How do I subpoena dog bite records from another state of my daughter for civil suit?

She was in Pa I’m in NJ.

Leonard R. Boyer
Leonard R. Boyer answered on Sep 11, 2019

This is not a self-help project! Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but 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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Is it legal for a grandparent that has temporary physical custody of grandchild in nj

Is it legal for a grandparent that has temporary physical custody of grandchild in nj to transfer physical custody of child to one parent without going to court. My son’s and his mother moved from her mothers “grandmother” house. My son doesn’t even live with the grandmother anymore but she... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. The short answer is, it depends. I suggest you consult a family law attorney to review the current order that is in place and discuss potential changes of circumstance.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: In a custody case my ex is asking me to provide medical leave information and documents provided by medical professional

My ex lawyer just sent me a request for additional discovery for custody case. The lawyer is requesting all my hospital records resulting to hospitalization, my medical leave information if it was approved through my employer and all documents medical professionals submitted to my employer. She... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 6, 2019

Thank you for your question. I understand how worried you must be in being requested to turn over private documents and information. The short answer is that as part of a litigation if allowed by court rules and/or permission of the court one party can request information/documents from the other... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: i want to divorce my husband. We have a baby girl 5 months. Should i just leave to my parents house.

His parents have a lot of money and im afraid they will try and take my baby. Should i just leave and go live with my parents and then get a lawyer. New Jersey

Bari Weinberger
Bari Weinberger answered on Sep 4, 2019

Thank you for your question. Going through a divorce can be a stressful and emotional process, especially when children are involved. With regard to your fear of your husband’s parents trying to take your daughter, they likely would not have the standing to do so, as court’s generally do not... Read more »

2 Answers | Asked in Criminal Law, Family Law and Federal Crimes for New Jersey on
Q: can a 19 year old press charges on his own father?
James A. Abate
James A. Abate answered on Sep 3, 2019

There is nothing to prevent a person of majority from seeking either a TRO or FRO against a family member.

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1 Answer | Asked in Family Law and Tax Law for New Jersey on
Q: Can i sue my father for threatening my mother to give her income tax returns to him

I was living with my mother at the time this happened but i was getting my things to live with my father, and this was recently in late April. I just recently found out from my mother that she was threatened for the dependent tax return money, she did not know she had a right to keep it. My father... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 20, 2019

Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.

If your...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers
Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Can a 16 year old be left home alone to watch her siblings ages 12 & 6 for 4 days and nights, with no adult supervision?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 10, 2019

Irrespective of whether or not it is legal, the potential for very serious problems is reason enough to never do so. Did you ever heard of endangering the welfare of a child? How about child abuse or neglect, or worse things? No responsible parent would ever take such a risk.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 30, 2019

Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: I have a court order for permanent alimony for the past 11 years. Ex-husband wants me to agree to terminate alimony.

Ex-husband left his job two years ago and voluntarily, took a buyout and did not get another job. He continued to pay the alimony but now he wants to stop paying. He's an engineer by career and is now looking to be a yoga instructor/massage therapist. I am on SS disability for a permanent... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Jul 28, 2019

Your ex-husband is willfully underemployed. He could make a motion to terminate your alimony, but he would have to show a permanent change in circumstances that is not his doing. He can move to terminate alimony if he claims to be retired, although he has not reached the customary age to do so.... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What if the custodial parent lied about the child being in day care & summer camp? Can there be a modification in child
Noel Rivers
Noel Rivers answered on Jul 26, 2019

If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... Read more »

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How does a child working affect child support payments? Can that cause a reduction in support payments?
Bari Weinberger
Bari Weinberger answered on Jul 26, 2019

Thank you for your question. The answer to your question really depends on the child’s age. If they are under 18, and it is a child support guidelines case, then the child’s income is not included. However, if the child is over 18 and living away at college, child support is determined on... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: My son is currently incarcerated, his ex girlfriend is seeking sole physical custody and wants to Florida with the kids

Ages ,16, 12, and 6. Can the courts stop her from doing this?

Teresa L. Reichek
Teresa L. Reichek answered on Jul 15, 2019

There are rules when relocating with children out of state. She needs permission from the other parent or a court order. He can file opposition to her application, and if she didn't file an application he can file a motion to stop her.

You can also file a grandparents' rights petition....
Read more »

2 Answers | Asked in Child Support, Criminal Law and Family Law for New Jersey on
Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting

child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 12, 2019

An Appellate Court proceeding is not a new trial. What your husband needs to do is to retain an experienced matrimonial attorney to make a motion in NJ based on the current realities. But child support and visitation have nothing to do with each other. Appeals statistically fail the vast majority... Read more »

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