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New Jersey Family Law Questions & Answers
2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Looking for a divorce lawyer I am a stay at home mom with 3 kids and am looki g for a lawyer that offers pro bono servic
Sara B Cohen
Sara B Cohen answered on Feb 23, 2020

You may want to consider contacting one of the bar associations in New Jersey (such as the Mercer County Bar Association). Depending on your specific circumstances, that organization may be able to connect you to a lawyer who offers discounted legal services.

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1 Answer | Asked in Family Law for New Jersey on
Q: Are great grandparents entitled to custody and or visitation rights in NJ?

My sons great grandmother has filed for temp custody and visitation rights what are the chances of her being granted what she’s filed for? She has also made a report with dyfs falsely accusing myself and sons father of a few things all which came back negative and we were told our case is closed.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 12, 2020

What you are asking can only be determined during an in person consultation and review of far more facts, than should ever be posted online. The Court will give a great deal of weight to what the Division of Child Protection and Permanency states. (They have replaced DYFS). But depending on what... Read more »

1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time?

My ex and I have joint custody, 50/50. Can my 18 year old daughter choose to live with me full time? Will this require legal action? I pay minimal CS, and will follow up with my atty on that, just wondering about choice of physical location? Thanks

Bari Weinberger
Bari Weinberger answered on Feb 11, 2020

Thank you for your question. You do not specify whether you have joint legal or joint physical custody, or both, which will be crucial in allowing us to provide guidance to you. With that being said, custody is always subject to modification when there is a chance in circumstance, and your... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I didn't receive any letter showing me where all the money went from my mother's property Its like I wasn't on the will

I was supposed to receive half and I thought I should receive a letter explaining all the taxes and expenses I got nothing

Tim Akpinar
Tim Akpinar answered on Feb 5, 2020

You might have better chances of your question being seen by attorneys who are familiar with wills in the Probate - Estate Planning categories. You could repost there. Good luck

Tim Akpinar

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am 17 and have divorced parents. I want to live with my mom full time. Do I need to be 18 to choose who to live with?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 26, 2020

Your mother has to retain an experienced matrimonial attorney to obtain a change of custody and at the age of 17, the Court will take into consideration your wishes. However, that alone will not be the deciding factor for the Court.

3 Answers | Asked in Family Law for New Jersey on
Q: What do I have to do to collect on back alimony that my ex husband did not pay and is there a time limit on it?

The divorce was in Feb of 2014. He stopped paying December of 2016. The divorce decree alimony payment was for 5 years. He claims he is going to pay but hasn't.

Bari Weinberger
Bari Weinberger answered on Jan 16, 2020

Thank you for your question. I am sorry to hear you are experiencing this stressful situation. The courts take the issue of alimony enforcement very seriously. Check your Judgment of Divorce’s details for any specific language it might include about issues of non-payment. If you and your former... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: On a CIS is the Joint Life Style the average of how we lived or the way we lived at the end of the marriage?

I'm getting divorced. In the final 5 months of the marriage we had moved to an upscale apartment after living in a cheaper one for the other 6 years of marriage.

Andrew M Shaw
Andrew M Shaw answered on Jan 13, 2020

Unfortunately, there is no clean answer to your question. The left column of the expenses section of your CIS is meant to accurately reflect the marital lifestyle. It does not specify what period of time during the marriage should be used to calculate the numbers. That said, the answer should be... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My ex husband hid $50,000 income a year for 3 years

Even though I asked for child support re evaluation in 2018 with bad legal council. Can I get back support since it is such extreme bad faith and he miss lead the court that there was no change of circumstance?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 5, 2020

There is no way to know for certain. You would need rock solid admissible proof of the hidden income. Whether or not you had ineffective assistance of counsel, may be helpful. But there are too many unknowns to answer your questions without an in person consultation and document review. For most... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: I am a divorced father is the children’s mother permitted to move my children with her out of the state?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 4, 2020

She would need a Court Order and a full hearing would be required. You need to retain an experienced matrimonial attorney to represent you in this matter. There are too many factors and moving parts to explain here.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Hi. I am in NJ and I am about to turn 23. I read that the laws changed

And that child support ends when you are 23. Does this still apply if I’m in still in school or does it end at age 23 now no matter what?

Bari Weinberger
Bari Weinberger answered on Jan 2, 2020

Thank you for your question. The NJ child support statute states that an obligation to pay child support shall terminate when a child reaches the age of 23. In certain circumstances, such as when a child is disabled or still in school, financial maintenance may be sought, though it is not... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: My daughter-in-law said she doesn't like me and won't let me see my granddaughter. What can I do?

I have always had a close bond with my son, but he is bending to his wife's will. She has cut off our entire family from seeing my granddaughter. How can I get to see her? There has been no incident to provoke this...she simply doesn't like me.

Bari Weinberger
Bari Weinberger answered on Dec 10, 2019

Thank you for your question. I understand how upset you must be about not having the opportunity to take an active role in your son's family.

The short answer is that generally, parents are free to make decisions about the involvement of others in the lives of their minor children. There...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How do custodial changes in circumstances get handled in NJ? My kids have moved from their Mom's to me.

Good morning. Both of my kids (now adults) have opted to move out of their mother's and move in with me. Oldest (now 21) moved out just before turning 19, and now lives on her own. Youngest (now 18) just moved in with me and still attends HS. I have not done anything legally yet. I don't know... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 4, 2019

Thank you for your question. Custodial changes can occur and be handled in a few different ways, but generally, a change in residential custody of a child, and of child support obligations, should be handled by written agreement and/or court order, depending upon the circumstances. It appears... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: my ex wife has a lien on my house. The house got sold at Sheriff's sale. Now she wants her money PLUS interest. Yes/No

In 2010 I signed a consent decree giving my ex a lien on my house in lieu of back alimony I owed her ($ 80,000).

My house was sold at Sheriff's sale last November the proceeds being held by the Superior Court in Trenton. My ex has recently filed a motion for payment of the lien, 80 K, PLUS... Read more »

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

First, if a judgment was entered, there is an applicable rate of New Jersey Judgment interest. This does not typically apply to judgments out of the family court but the facts you present are not clear. As a junior lien holder, she has a right to seek to collect from any surplus funds being held... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My Older daughter is 18 years old and She is enrolled in out of state University. I am already paying 50% of the costs

including tuition fees, food, housing etc. Am I still supposed to continue paying monthly child support payments to the mother on the top of the Above payments I mentioned?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

You daughter is not emancipated, so since she is apparently a full time student, you must continue to pay child support. The costs for your daughter goes up not down. There is no basis for not paying child support.

1 Answer | Asked in Family Law, Real Estate Law and Animal / Dog Law for New Jersey on
Q: My ex and I bought a dog. We broke up. What our my odds of getting the dog? She wants to share the dog I do not.

The dog is on my credit card and I'm the main name on the vet and doggy day care record. I have credit card records showing all of the food and toys I have purchased for him. Also have all of the vet bills and 6 out of 8 are on my credit card. The last 4 months (post breakup) I have made a note of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2019

Do you seriously believe a Court will want to get involved in this matter? I can understand that a dog is almost like a child, but a Judge may not be so tolerant. Perhaps you could give you ex a different dog to try to work this out?

1 Answer | Asked in Family Law for New Jersey on
Q: If I am giving consent for my ex wife to relocate our kids from NJ. Is there any specific consent form or memo
Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2019

This situation requires a Court Order.

1 Answer | Asked in Criminal Law, Immigration Law, Divorce and Family Law for New Jersey on
Q: What can I do if my stepmother is hiding my resident card and pretending she doesn't know about it?

I've been having trouble with her for a while. My documents went missing for at least 2 weeks from where my father and I usually put them. My father ask my stepmother if she knows anything about it and she said no but sent him looking directly where they were in her room. My passport and social... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

Short of applying for a replacement green card, you could file a police report.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: NJ family court question: My ex spouses attorney withdrew their Motion to Terminate my alimony but ....

A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.

Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. I understand how frustrating the court system can be.

The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If you have signed a Consent Order in lieu of a hearing (alimony nj) how long does it take a Judge to sign it?
Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. It depends on the judge, but you will usually receive a signed consent order back from the court within 2 weeks of sending it. If you have not received it within 2 weeks, you should call the judge and inquire.

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