New Jersey Questions & Answers

Q: Divorced - ex police retired at early age thinking he can stop alimony. Left N.j. can I go after pension? arrears?

2 Answers | Asked in Divorce for New Jersey on
Answered on Apr 19, 2018
Elena K. Weitz's answer
You should take your divorce agreement to an experienced matrimonial law attorney to review his obligations and discuss your rights. He cannot avoid alimony by moving or remarrying and there are various methods of enforcement you can seek to obtain his compliance with the court order. You really should discuss this with an attorney as soon as possible.
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Q: is the phrase "not all superheroes wear capes" trademarked? If not can I legally trademark it and if so can I use it?

1 Answer | Asked in Copyright and Trademark for New Jersey on
Answered on Apr 19, 2018
H. Scott Aalsberg Esq.'s answer
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
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Q: How long after getting approved for expert thru the court will you find out if the court or lawyer will pick the expert?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 18, 2018
H. Scott Aalsberg Esq.'s answer
Generally the expert is picked by your lawyer, best to ask your lawyer as we don't know the facts of your case.
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Q: How can I look up lawyers in NJ that have good record? Also how can my fiance in Elizabeth NJ county request his lawyer?

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 18, 2018
H. Scott Aalsberg Esq.'s answer
Unfortunately we are not allowed to mention other sites on this sites but I am sure you know the major search engines, hint hint. One piece of advise with lawyers, like life. In general you get what you pay for. Pay a lot for a handbag you get a good leather handbag that last a lifetime. Pay a little you get plastic and it wears out in a few months. Good Luck in your search.
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Q: I have equal split custody of my children with there mother, should I still be paying child support? Never married also.

1 Answer | Asked in Child Custody and Child Support for New Jersey on
Answered on Apr 18, 2018
Bari Weinberger's answer
Thank you for your question.

In New Jersey, the child support amount is based upon a formula known as the Child Support Guidelines. When calculating a child support amount, the guidelines take into consideration your incomes, overnight visitations, health care premium payments and more. While you may share custody of your children with their mother, there may be a child support amount awarded based on these factors. More information would be needed to give you a more definitive...
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Q: My ex lives in NJ, I live on the New York side NY/NJ border. Can my ex stop me from marrying & moving about an hour away

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Answered on Apr 18, 2018
Elena K. Weitz's answer
The standard in New Jersey for relocation is a detrmination of what is in the child’s best interest. The happiness of the custodial parent is not the primary consideration. The child’s best interest involves consideration of multiple factors related to child’s quality of life and contact with both parents and extended family. Relocation cases typically involve a plenary hearing which is proceeding similar a trial. You do bring up other issues such as the fact that you (and presumably the...
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Q: Can my former roommate say that she "fears" me even though we no longer talk or hang out in order to keep an FRO

2 Answers | Asked in Domestic Violence for New Jersey on
Answered on Apr 17, 2018
Leonard R. Boyer's answer
There is a lot more than that to obtaining an FRO. 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 involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). You need to retain an experienced...
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Q: Can a restraining order prevent someone from being a RN or Lawyer? The order was entered by default.

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Apr 17, 2018
Leonard R. Boyer's answer
Yes it can. You need to retain an experienced matrimonial attorney with extensive domestic violence trial experienced to get the Default Vacated and then hopefully be able to win at trial. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
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Q: Why do tickets for no helmet and no light on a bicycle for a minor require a court apperance in New Jersey?

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Generally a ticket has a mandatory court appearance because the judge needs to set the penalty.
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Q: Its not a juvenil detention hearing its for a adult age 25

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Then it is to determine whether he/she should be released or held over until trial. Again very important to have a lawyer to give the person the best shot of being released. However if he/she was not originally released, it is not likely that he/she will be released at the hearing unless for good cause or the person had a good lawyer. Again, I suggest you get them a lawyer if you want them to have the best chance of pre-trial release.
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Q: What happens at a detention hearing ?

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Depends on the reason for the detention hearing is this a juvenile case, a criminal case, where the person is being held over for trial, etc. In general for criminal cases it is whether the person should be released or held over in jail until trial. You should definitely have a lawyer at any detention hearing.
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Q: Good afternoon. Hypothetically speaking. If someone believes that that have a warrant. How can they address it

2 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 17, 2018
H. Scott Aalsberg Esq.'s answer
Generally legal aid will not do anything for you in criminal court. You need a public defender and they do not get appointed until after you first go to court. The best way to find out if you have a warrant is to call the court. Generally without a lawyer it will not be rescinded.
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Q: I received a ticket for 39:6B-2. Is it possible for it to be thrown out?

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Apr 17, 2018
Leon Matchin's answer
If you show the insurance card to the prosecutor they will amend it to failure to exhibit a card which is also a violation but no points no loss of license fine only.
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Q: Is it against the law for someone to videotape you in your house without your knowledge as well as your kids and their .

1 Answer | Asked in Criminal Law for New Jersey on
Answered on Apr 16, 2018
H. Scott Aalsberg Esq.'s answer
The answer depends on many factors such as were the openly doing it, do they live in the house or invited guest etc. etc. I suggest you setup a consultation with a lawyer if this is important to you, just beware lawyers generally charge for their time and advise, so expect to pay a consultation fee.
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Q: State Taxes and Immigration (N-400)

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Apr 16, 2018
H. Scott Aalsberg Esq.'s answer
First I hope you have a lawyer with your N400 as one mistake on it can make the difference between citizenship and no citizenship.

Second Taxes are one of the 4 most important issues in regards to citizenship as USCIS wants good citizens. More information would be needed on why you did not pay your taxes to answer your question and unfortunately us immigration lawyers do charge for a consultation.
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Q: I was in a car accident and received a ticket for unsafe lane change

1 Answer | Asked in Traffic Tickets for New Jersey on
Answered on Apr 16, 2018
H. Scott Aalsberg Esq.'s answer
If you pay the ticket you will get a conviction for unsafe lane change, points on your license here in NJ and your insurance company will be notified. Also any conviction could also be used against you in a civil proceeding should the "victim" decide they were injured in a accident etc. Probably worth it to find the money to hire a good lawyer at least it is for most people.
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Q: I was charge with 2c:21-1A (2) , 2c:21-1A (3) and 2c:20-4 will I face jail time? I’m a first offender

3 Answers | Asked in Criminal Law for New Jersey on
Answered on Apr 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
presumption of no jail for first offense

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year max

community service 180 days maximum

Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3

plus mandatory costs, VCCO and other penalties

There are many other penalties that the court must impose in criminal cases, including DNA...
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Q: Applied for disability it was denied. Went to appeal that will take another 3-6 months. I have Ataxia. On SSA website

1 Answer | Asked in Social Security for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
Hi Scott:

Unfortunately many people get rejected, that should get approved thus the reason for us lawyers. However your appeal can take up to 1 year not just 3 to 6 months. I suggest you get a lawyer because obviously your medical proof was not enough and you only pay for your lawyer if you win out of your past due benefits.
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Q: What is penalty for joyriding

3 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
Yes if the car was or is reported stolen. If you have been contacted by the police immediately hire a lawyer.
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Q: I applied for Security Disability and application was denied. I went to appeal and can take 3-6 months

1 Answer | Asked in Social Security for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
We cannot help you with monetary assistance but a lawyer can help you to file an appeal of the decision, if you are under 55 that may be the reason as to the denial, however we would need to know more information. IN any event an attorney can help you with this and the fee is generally 25% of the past-due benefits you are awarded, up to a maximum of $6,000
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