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New Jersey Questions & Answers
2 Answers | Asked in Contracts for New Jersey on
Q: Need a letter

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 1, 2020

You don't need a letter, but an agreement/signed contract to get what you want.

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: My ex-husband emailed me stating he will give half of the amount of child support, how should I do?

When we divorced 11 years ago, he agreed to give 1000/month child support. Since my daughter is 13 and she has some extra expenses on her cello private lesson and advanced classes, I emailed him to ask if it is possible that he can help with some money, which he never did, or if I can claim my... Read more »

Richard Diamond
Richard Diamond answered on Jul 1, 2020

The fact that your ex-spouse has remarried and now has a step daughter does not give him the right to refuse to pay the amount of child support required by the terms of a NJ court order or as required by a divorce agreement entered as part of your divorce. My suggestion is to meet with a family law... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: does a company need to provide holiday pay to all if they provide to some?

I'm a full time employee. The company does provide holiday pay. our schedules change from week to week. if I wasn't scheduled to work on a holiday but others were, are they required to pay ALL employees the holiday pay or only the ones scheduled on that day?

Rhiannon Herbert
Rhiannon Herbert answered on Jul 1, 2020

Generally, employers are not required to offer pay on days that you do not perform work. However, you should consult your employee manual or handbook and review your employer's policy regarding holiday pay or other paid time off (if it has one). Employers may set up their PTO policies in... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My traffic court date has been changed 3 times. Since then I moved to NJ and need to change my license for work. Can I?

I got the ticket back in September 2019 and the date was scheduled for February 2020, due to the pandemic it got changed to March and then July and now January 2021. I need to change my NY license to an NJ since I moved here back in March. I’ve tried to plead guilty online and pay the fine but my... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 30, 2020

You need to call the MVC to check, but as long as you don't have a warrant it should not cause a problem in getting your license in NJ

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2 Answers | Asked in Car Accidents for New Jersey on
Q: Is my employer liable if my car window was damaged by a ball while parked in the employee lot during my school work day?

My car was parked in the employee lot at the school where I work. After school was done for students, but I was still working, my car window was broken by students playing on the ball field next to the parking lot. My insurance covered all but my 100.00 deductible. I put in a claim through the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 30, 2020

We are not supposed to give you specific legal advise on this site, but I would tend to agree with the insurance company.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there any statues of limitations on an attorney committing fraud, stealing your money

Filed bankruptcy stole my money

Karra Kingston
Karra Kingston answered on Jun 29, 2020

You can call the bar association

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2 Answers | Asked in Criminal Law and Identity Theft for New Jersey on
Q: Hello I live in condominium. I was taking out my garbage and this lady was recording from her condo. I live in NJ.

Is this legal? And what should I do? I feel like my privacy was affected by this? What legal steps should I take? The garbage container is right in front of my house and she lives across the street.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 29, 2020

As long as you are outside and she is not on your property trespassing, she can record whatever she likes, just like everyone who records police officers today.

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1 Answer | Asked in Child Support for New Jersey on
Q: I am 18 and i’m going to have a baby. My ex is 17, almost 18. Will he have to pay child support?
Richard Diamond
Richard Diamond answered on Jun 29, 2020

I dont know your employment / income setting nor the employment / income setting of your ex but if you and he are typical 17 & 18 year olds, neither of you has much money nor the ability to support a baby properly. As a result, if needed, there are a number of federal and state government... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a house guest that has become a resident refuse to leave a home when it is put up for sale by the owner?

My grandmother has two fam house , paying tenant upstairs. My aunt lives with her and her boyfriend claims to pay rent for a room elsewhere but sleeps by my grandmother every night and every day is there with my aunt. If something god forbid happens to my grandmother , and her three children want... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 29, 2020

Yes. From what you described he sounds like he needs to be evicted through legal means if he chooses to stay.

1 Answer | Asked in Contracts for New Jersey on
Q: I signed a computer service contract online. Does NJ give me the right to cancel within 5 days?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 28, 2020

The answer depends a lawyer would need to read the contract, but 5 days is a long time to allow for rescission.

2 Answers | Asked in Probate for New Jersey on
Q: My brother passed away and had no will his kids made me administrator of the estate. How do I split the home

His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 27, 2020

You need to have a lawyer write up a new deed and agreement.

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: I currently have a dv restraining order against me by default from 2015. Missed court. Can this be vacated?

I currently work with the public.. Can my job let me go because of this?

James A. Abate
James A. Abate answered on Jun 26, 2020

It would require a Catafagio motion. Almost impossible to get without the consent of the protected party. I would recommend you obtain counsel and have them obtain consent and file the motion.

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: I currently have a dv restraining order against me by default from 2015. Missed court. Can this be vacated?

I currently work with the public.. Can my job let me go because of this?

Richard Diamond
Richard Diamond answered on Jun 26, 2020

A domestic violence final restraining order was entered against you 5 years ago by default since you failed to appear at the hearing and you want to know if you can now move before the court to set it aside and have a trial on the merits of the claims. The answer is that it is possible, but it will... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can 3rd degree official misconduct charge be downgraded after probation in NJ
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 25, 2020

If you already got probation that means that you plead guilty. Once you plead guilty you cannot then have your charges downgraded.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 25, 2020

You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

1 Answer | Asked in Immigration Law for New Jersey on
Q: My girlfriend isn’t from here so how can she get a citizenship?

She was born near Mexico and near the states.She does have a birth certificate and a passport but she is not a citizen here.she is also 19 and trying not to get kicked out. Her parents revealed the truth a few months ago so I want to know what we can do so she can be able to stay here.

John Alexander Bates
John Alexander Bates answered on Jun 24, 2020

It depends. She may eligible for DACA or you could marry her for a green card, if your relationship is legitimate. Talk to a lawyer.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Can you file this while a person is incarcerated?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 24, 2020

Can you file what? For child support? Yes, but do not expect to get anything.

1 Answer | Asked in Consumer Law and Identity Theft for New Jersey on
Q: a staff in at&t stole my SSN, bought new phone and opened a new mobile account.

I contacted at&t so the account is canceled, but I'm worried because the person still has my SSN. I asked proper action and compensation to at&t but they offered me $19.99 x 22 months credit.

Do you think I should accept that offer? Or will it worth to sue them?

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 24, 2020

If you are not responsible for the cost of the new phone and the new mobile account, and your SSN has not been used further, you have no current damages to sue for. they are already offering you compensation, but you can also request the company to pay for a credit monitoring service so that you... Read more »

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: is my niece still considered family if she was adopted by someone outside the family & had her name changed?

My sister in-law filed for divorce from my brother while he had ALS. My brother died before the divorce was final. My sister in-law remarried shortly after. Her new husband adopted my niece & she now goes by her adopted father's name. Is my niece still entitled to family assets when my... Read more »

Richard Diamond
Richard Diamond answered on Jun 24, 2020

The adoption terminated the legal relationship between the biological parent and the child and created a new legal relationship between the adoptive parent and the child.

Because the biological parents’ rights were terminated, the child no longer has an automatic right to an inheritance...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
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