Lawyers, Answer Questions  & Get Points Log In

New Jersey Questions & Answers

1 Answer | Asked in Divorce for New Jersey on

Q: I was granted order to publish divorce by publication. Do i send newspaper summons and complaint or just summons?

Leonard R. Boyer answered on Aug 23, 2019

No, you have to send both the Summons and Complaint. But, you would be much better off retaining an experienced matrimonial attorney. You are emotionally involved and have no idea of how to represent yourself.

2 Answers | Asked in Child Support for New Jersey on

Q: Do I have to pay back child support before my court date?

My court date is coming up for my second child, but I took my first child mother to court for child support and didn’t get a court date till like 3 months after filling for a court date, I ended up being backed up on child support even tho we didn’t t have court yet so there was no set amount I... Read more »

Leonard R. Boyer answered on Aug 23, 2019

If possible it would be in your best interest to do so. But, you better retain an experienced matrimonial attorney and not try to handle this on your own. Good luck.

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Can a landlord sue me for past due rent if I moved out 2 years ago?

I signed a lease to rent a home with my mother approx. 5 years ago. The lease was up after one year and we did not renew. We stayed in the home paying rent on a month to month basis. I moved out 2 years ago. Recently my mother fell behind on the rent and the landlord issued a summons against the... Read more »

Leonard R. Boyer answered on Aug 21, 2019

Yes the landlord can sue you, but if that happens, then you can (depending on your overall financial situation) file for bankruptcy.

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 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...
Read more »

1 Answer | Asked in Child Custody for New Jersey on

Q: How hard would it be for me to get full custody and approved for relocation out of New Jersey

Her father only sees her every other weekend but he is always working and never home he doesn’t call or communicate with her only when she’s there no interaction other wise not involved in her life really not even school she has always lived with me and I’ve always financially taken care of... Read more »

Teresa L. Reichek answered on Aug 19, 2019

Thank you for such an interesting question. I'm sure it must be very frustrating to be in your situation. There are two kinds of custody, physical and legal. Physical custody is where the child primarily lives and who has parenting time. Legal custody is having the right to make big decisions for... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: A Jeep Wrangler is designed to have removable doors. Assuming the vehicle has all required mirrors and the driver is...

...wearing a seatbelt, is driving a Wrangler without doors a violation of 39:3-44?

Stuart Nachbar answered on Aug 19, 2019

I do not believe driving without the doors if the mirrors are attached to the main body is a violation

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for New Jersey on

Q: my brother was arrested for wire fraud and aggravated identity theft. it has been 2 months since his arrest.

the public defender assigned to his case claims she has not received all documents. is there a time constraint on when she needs to have all documents? she there a way for my brother to obtain them?

H. Scott Aalsberg Esq. answered on Aug 18, 2019

Generally the Discovery is given pretty early on in a Superior Court criminal case so two months is a little long. But we don't know all the facts of his case whether he's incarcerated or free, the country he is in and whether he's been indicted or not etc. etc. If you are concerned I would... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: i got a ticket in maryland for railroad crossing MR-11-392.10a. will i lose my dl

H. Scott Aalsberg Esq. answered on Aug 17, 2019

Attorneys are licensed by state you posted this in the New Jersey Section I suggest you posted in the Maryland section. Also I suggest you hire an attorney if the ticket does come with a license suspension

View More Answers

3 Answers | Asked in Bankruptcy and Contracts for New Jersey on

Q: If there was a forclosure action shouldn't there be a writ of excution in the county records? also shouldn't we be serve

Served by them ? Then by the county sheriff?? I dont see it on there website for a sake. it has not been in paper for 4 weeks dont they have to do all those things before a sheriff sale, since NJ is judicial state? And back in 2017 doesnt our bankruptcy canceled out all there prior fillings..dont... Read more »

Michael David Siegel answered on Aug 16, 2019

Your question shows you know little about bankruptcy or foreclosure. Your lawyer should have explained it to you. If your sale has been noticed by posting a notice of sale and advertising it will go forward as noticed.

View More Answers

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 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 »

View More Answers

1 Answer | Asked in Arbitration / Mediation Law and Divorce for New Jersey on

Q: Can I reopen my divorce that ended in 2010 if I can prove fraud?

My divorce was moved to arbitration because my husband was lying and destroying evidence of our business, he did this to hide both the value of the business and his income. After 7 years of arbitration my case was returned to the court. My husband continued to lie about his income which was... Read more »

Leonard R. Boyer answered on Aug 14, 2019

Given the length of time that has passed, I seriously doubt it. You would probably have to pay an experienced matrimonial attorney, just to research the case law, to see if there is any possibility.

1 Answer | Asked in Divorce for New Jersey on

Q: Keeping the marital home as a joint asset after divorce.

My wife and I separated two years ago and agreed she would buy me out of the house. The mortgage is still upside down, so she cannot refinance into her name. We already have an MOU to file uncontested which includes the original buy out clause, but what legalities do we have to consider by filing... Read more »

Bari Weinberger answered on Aug 14, 2019

Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU... Read more »

1 Answer | Asked in Estate Planning for New Jersey on

Q: My children, ages 20, 17, 14 & 12 in NJ received an annuity from my deceased mother from Texas. Iwas given 3 options:

1. pay proceeds to custodian under NJ UTMA

2. pay proceeds to c a court appointed guardianship for their individual estates

3. Hold the proceeds with the company until they reach the age of majority.

Which is the best option ?

H. Scott Aalsberg Esq. answered on Aug 14, 2019

An attorney would need to know a lot more about you before telling you what your best option would be.

1 Answer | Asked in Divorce for New Jersey on

Q: If we file for uncontested divorce in NJ online, and one spouse changes their mind to contested, do we then need attorn

Bari Weinberger answered on Aug 12, 2019

Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself... Read more »

2 Answers | Asked in Immigration Law for New Jersey on

Q: Did my mom get ban for overstaying tourist visa for 4 months?She left US after her I130 was approved,I-485 was not filed

I filed I-130 for my mom after she came to me on her tourist visa. But I did not file I-485. After her I-130 was approved in 9 months, she had to leave the US in September 2017 to continue the process of green card in Ukraine at the embassy. At JFK airport she did not get any stamp in her passport... Read more »

Leonard R. Boyer answered on Aug 11, 2019

More specific information and an in person consultation and document review are critical to obtaining enough information to provide you with meaningful advice. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can... Read more »

View More Answers

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 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.

1 Answer | Asked in Tax Law for New Jersey on

Q: Can NJ Department of Revenue put a lien on my wife's house for tax issue related to my LLC?

I’m a member in an LLC. The person responsible for keeping our books failed to file Sales Tax returns for years. The NJ Department of Revenue send me a certified letter claiming that I’m personally responsible for these taxes. The LLC never paid the taxes owed. My question is can NJ put a lien... Read more »

D. Mathew Blackburn answered on Aug 9, 2019

Yes they can. You should work on getting this resolved soon.

2 Answers | Asked in Criminal Law for New Jersey on

Q: Ive been denied a police report on a disorderly persons charge. Do I have the right to copy of the original report.

H. Scott Aalsberg Esq. answered on Aug 9, 2019

The answer is yes and no and it is more complicated than a simple answer that can be posted here online.

View More Answers

1 Answer | Asked in Divorce for New Jersey on

Q: My husband of 18 years changed his beneficiary to his 2 grandchildren 14yrs and 11yrs old, he never told me.

Leonard R. Boyer answered on Aug 9, 2019

Although that is not uncommon, it could mean a divorce is on his mind, or it could mean he is planning to take care of you in some other fashion, but there is no way to know what his intentions are. You did not provide a sufficient factual basis to enable anyone to give you advice. So, if you are... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: 168-41B .Purchased parking ticket of one lot but seems like parked in another, can I request to reduce the fee?

Parking ticket. I purchased parking ticket of one lot in the train station but looks like I parked in the wrong lot which was permit parking, in this case can my penalty fee of $60 be reduced since I have payed for another lot but made a mistake. This is the first time I have received a ticket

H. Scott Aalsberg Esq. answered on Aug 8, 2019

You can go to court and ask but do you want to waste your day for $60.00

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.