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New Jersey Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: how to get custody established with a civil order that's in place ?

we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on May 22, 2023

Thank you for your question. It sounds like there are several variables in your matter. A consent order for civil restraints is generally not entered without the consent of both parties. That being said, the best thing to do is have a consultation with an experienced family law attorney who can... Read more »

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: how to get custody established with a civil order that's in place ?

we went to have a custody court date. She lied and said I threatened her with no proof. the judge granted her a restraining order. we went to court for that and it was switched to a civil restraint order. it says I can only see my son supervised once a week, but she had no proof of why. my son... Read more »

Leonard R. Boyer
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answered on May 21, 2023

A full custody case is a very expensive proceeding, which will require expert testimony. You need to make sure that you have the resources to retain the attorney and the necessary experts that will be required. You do not want to bring a case for custody and lose for lack of resources. With modern... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Son 19 goes to trade school and works part time ex wants to stop paying. Is this allowed in nj?

Divorce decree says we must share in post secondary costs.

Richard Diamond
Richard Diamond
answered on May 15, 2023

Start off with the presumption that no she cannot stop paying but I would send her an email, quoting from the terms of your agreement that both of you are obligated to share your son's college/trade school costs and ask her how or why she thinks that she should not have to continue paying in... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Son 19 goes to trade school and works part time ex wants to stop paying. Is this allowed in nj?

Divorce decree says we must share in post secondary costs.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2023

What you need to do is retain an experienced matrimonial attorney, since this child is NOT emaciated. College is not for everyone. A trade school is a valid form of post high school education, as long as it is a legitimate trade school, not some fraudulent operation like Trump University or DeVry.... Read more »

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3 Answers | Asked in Family Law and Divorce for New Jersey on
Q: How to get compensated for enduring abuse of parental alienation & all blocked communications by other parent in NJ?

Not sure if possible

Richard Diamond
Richard Diamond
answered on May 15, 2023

My suggestion is that you sit down with a divorce law specialist and let him / her guide you and explain to you what remedies are and are not available to you in a non-dissolution filing and what are and are not available to you in a divorce matter.

The worst thing that you can do is hire...
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1 Answer | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: Can any state have authority to press charges of interference in a custody order? Or only jurisdiction State can?
Richard Diamond
Richard Diamond
answered on May 5, 2023

If your ex is refusing to comply with an order for parenting time, then you will file an application with the court to compel compliance/sanctions against your ex for her / his actions. The court does not take action on its own because of a claim of interference. The judge hearing your application... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Will my Xwife have to pay me back retro if my CS amount gets lowered. Looks like it’s happening soon. Filed 2/26/31

Still waiting for a few details to hash out. I was told she has to pay me back the difference from the date you filed your motion. Please advise. Correction filed motion 2/26/23

Richard Diamond
Richard Diamond
answered on May 4, 2023

Absent proof of fraud on you in connection with the underlying child support amount, the court cannot retroactively adjust a child support order to a date before the filing date of your current application. If your application was filed on 2/26/23 and is heard by the court on May 12, 2023, the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: DCP&P LEGAL ISSUES

Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.

While I'm being ignored, court was adjourned twice and then canceled today.... Read more »

Richard Diamond
Richard Diamond
answered on May 4, 2023

The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Can a psychiatrist call dcpp on a parent for failing a drug test for marijuana?
Richard Diamond
Richard Diamond
answered on Apr 24, 2023

I think that it is safe to say that there is much more to this story than simply a patient failing a drug test for marijuana. My guess is that there was a court order in place or an agreement with DCPP that required a patient/parent to submit to drug screens and if the patient failed a test, then... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: can i recoup alimony payments if my ex-wife's employment status went from part itme to full time?
Richard Diamond
Richard Diamond
answered on Apr 24, 2023

It depends on the language of your divorce settlement agreement. Sometimes when you have someone receiving alimony, whose employment setting is expected to change, lawyers can build a change in employment income into the agreement to try and reduce the need for further court intervention. In... Read more »

1 Answer | Asked in Family Law and Divorce for New Jersey on
Q: I want to move out of marital home. The utilities are in my name. Can I transfer them to my new residence?

We rent. The rental is in my husband's name. All utilities are in my name.

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

I'm guessing that you are looking to move out of the rental without your husband and you want to know if you can transfer the utilities from the current rental to your new rental so that your husband will have to put in place new utilities for the current rental.

If you want to keep...
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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... Read more »

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 23, 2023

Legally you may have the right to keep her out of your home but obviously this will create issues with your wife who really should be on board with you and help protect you from her abuse. Nobody deserves to be mistreated. Perhaps you can find an apartment of your own while she’s in town and tell... Read more »

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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... Read more »

Richard Diamond
Richard Diamond
answered on Apr 24, 2023

There is no "real" legal advice to give in this setting. You are frustrated that your mother-in-law disrupts your household and while staying in your house, it appears that your mother-in-law is ungrateful/disrespectful to you.

My suggestion is that you sit down with your...
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3 Answers | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: Mother-in-law disrupts my life by living in my condo for more than 6 months at a clip after being away briefly.

In 2015 my wife submitted an affidavit of support for her mother but due to her low income, I had to give her a supporting affidavit of support. In 2016 my mother-in-law came to the US. Ever since she has been here, she has created a lot of rift between me and my wife.

She lives for more... Read more »

James L. Arrasmith
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answered on Apr 29, 2023

If your mother-in-law is living in your condominium without your consent and causing disruptions in your life, you may have legal options to remove her from the property.

First, you may want to consult with an experienced attorney to determine your legal rights and options in your specific...
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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Richard Diamond
Richard Diamond
answered on Apr 18, 2023

I would get a writing as quickly as possible from your daughter and her husband acknowledging that the real owner of the property is you and that title to the house was put in your daughter's name for convenience purposes for you.

The 2nd question ( which is also tied to the 1st...
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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

Attorneys Diamond and Boyer have offered great suggestions, but if I were you, I would not *DO* anything until you've retained a local attorney who will look at everything and guide you accordingly. I fear that if she were to transfer the home to you, that might trigger the due-on-sale... Read more »

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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Bari Weinberger
Bari Weinberger
answered on Apr 19, 2023

Thank you for your question. There are many factors that the Court looks at in a divorce proceeding and how to divide the assets that were acquired during the marriage. Your daughter’s spouse can claim that the home is subject to equitable distribution and that it should be incorporated in the... Read more »

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1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Legal next of kin of a deceased missing

My niece whom I haven't had contacts for over 10 years just passed away in New Jersey. She is single and both of her parents are deceased. She has one son 25 years ago when she was an unwed teenager and she gave him to his father to raise. I am not aware if they have any relationship and I... Read more »

Richard Diamond
Richard Diamond
answered on Apr 17, 2023

It sounds like her estate is comprised of debt as opposed to assets and presuming I am correct, not sure how you can take what remains of her assets to pay for her funeral costs while not using that same money for payment of her outstanding secured debts ( ie child support).

While your...
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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How much child support should I be getting?

1 child, 50/50 custody, I don’t currently work however I am comfortable using $50K as my yearly salary. I am remarried w 2 other younger children (7&4). My ex husband is not remarried but his fiancé and daughter live with him. Originally our salaries were $150K & $50K, now my ex husband... Read more »

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 11, 2023

Thank you for your question. Since your ex-husband is being evasive, you can force the issue and make him produce his tax returns provided it is in your original Marital Settlement Agreement by filing a motion. You can also include in the motion a request to recalculate child support. There are... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can I still receive half of pension awarded from Divorce? Deceased & I are both Retired from NJDOC. Divorced 3/3/10
Michael Andrew Conte
Michael Andrew Conte
answered on Apr 10, 2023

It depends. Was the pension distributed in your Marital Settlement Agreement or Judgment of Divorce? Did you have a QDRO prepared after your divorce, to divide your interest in the pension? Did the pension plan allow for a beneficiary in case of his death? Did your ex-spouse select a pension option... Read more »

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