Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?
answered on Sep 6, 2023
As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More 
My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?
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answered on Sep 4, 2023
Emancipation is not automatic, a motion to emancipate her has to be filed. If there are some facts that you have not provided, that would explain why no attorney you spoke to believes it is an issue. So if you not left out key facts, it would require a motion. However, if she is a special needs... View More
My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?
answered on Sep 5, 2023
I dont mean to be rude but I think the answer is that you probably have not spoken with a family law specialist. Under the statute, the probation department is to stop collecting child support when an individual hits the age of 19 unless the individual is pursuing a higher education, and then the... View More
ORDERED that the Marital Settlement Agreement entered into evidence at the time of the hearing on June 10, 2021, which was marked J-1, shall be a part of and incorporated into this Dual Final Judgment of Divorce with the parties full acknowledgment that the Court took no testimony as to the merits... View More
answered on Aug 31, 2023
It sounds like your attorney and your spouse's attorney agreed to a divorce from bed and board for a specific period of time with either / both parties having the right to convert it to an absolute divorce at a later date and now your spouse is seeking to convert the divorce from bed and board... View More
The divorce was filed pro-se. We thought it was going to be uncomplicated. It became complicated. We both hired attorneys. Now both attorneys are off the case. We have been through everything including different judgements for anything ranging from child support to parenting schedule and spousal... View More
answered on Aug 17, 2023
You are mixing apples with zebras.
The cause of action for divorce ( reflected in the complaint for divorce that gives you the docket number in the court system) can be based on fault or it can be based on irreconcilable differences, but the cause of action for divorce has nothing to do... View More
Kids are twins who are 6 and a 13 year old.
answered on Aug 10, 2023
First question: where is your daughter in this equation?
Is she opposed to the kids hanging out there and if so, what if anything has she said/done to express her objections?
As grandparents, you can try and talk with your former son in law and tell him that you are willing to... View More
I was age 11 to 17 when I the system.
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answered on Aug 8, 2023
To obtain your foster care records from your time in the system in New Jersey, follow these steps:
1. **Contact the Agency:** Get in touch with the agency responsible for your foster care placement, such as the New Jersey Department of Children and Families (DCF) or a private agency.... View More
Ex mate is currently getting this pension.
answered on Aug 3, 2023
You and your spouse divorced (presumably in New Jersey) and as part of your divorce, you were awarded in a court order/settlement agreement 50% of the marital portion of your spouse's pension plan. In the court order/settlement agreement, presumably, it also stated that you and he were to... View More
There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More
answered on Jul 24, 2023
Thank you for your question about restraining orders. Your question is very fact specific, and more information is required in order to give a proper answer. It would also be helpful to review both the restraining order as well as the no-contact orders. There is a procedure by which you can as... View More
There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More
answered on Jul 18, 2023
I don’t mean to be rude, but:
1. You currently have a domestic violence final restraining order in place against the father of your 2 kids.
2. You also filed a criminal stalking charge against him after the entry of the final restraining order, resulting in him pleading guilty to... View More
Everyone resides in New Jersey and we have joint legal custody of our son
answered on Jul 13, 2023
The first and most important question is whether you and your ex have a written agreement memorializing the terms of your custody, parenting time and support setting.
Secondly, you said that you and your ex have a joint custody arrangement but in New Jersey, custody arrangements are... View More
Spouse keeps on using delaying tactics in order to avoid our divorce to go to trial. It has been four years of this, what motions can I file so the judge knows what's going on. Spouse keeps switching lawyers and keeps filing false accusations against me in order to avoid the divorce to go to... View More
answered on Jul 13, 2023
Between the pandemic and the shortage of judges in the New Jersey court system, many counties are experiencing terrible delays in getting divorce matters to trial. In fact, many counties are running about 3 1/2 - 4 years out from the date of the filing of the complaint for divorce for "real... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
answered on Jul 3, 2023
Thank you for your question. Your mother has likely not met the residency requirement for California. She should file for divorce in New Jersey. She should consult with experienced New Jersey counsel ASAP. Along with the Complaint, there are other things that can be filed with the Court to stop... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
answered on Jul 3, 2023
If your mother has lived in New Jersey for the past 12 months continually, New Jersey has proper jurisdiction for divorce purposes. The fact that your parents were married in India has nothing to do with jurisdiction for divorce purposes. Your mother can meet with a divorce lawyer for consultation... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
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answered on Jul 3, 2023
Your mother is not a resident of California, she will need to retain an experienced New Jersey matrimonial (divorce) attorney. The situation is more complex than you realize, but an attorney cannot represent anyone in a divorce case on a contingency fee basis. The situation is beyond what most... View More
I have a special needs son who lives there. She has a daughter there. What happens to me?
answered on Jul 3, 2023
You need to talk with a family law attorney who regularly handles domestic violence matters so that he can review with you the current status of the temporary restraining order (whether it has been dismissed or is still active) and if active, where she represented that she was living and whether... View More
I have a special needs son who lives there. She has a daughter there. What happens to me?
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answered on Jul 3, 2023
You have to retain an experienced matrimonial attorney with extensive domestic violence trial experience to protect your interests in this matter. Your question cannot be answered in this forum with such limited information. Pick the best attorney you can find and remember one rule: a good... View More
I have been divorce in 12/2008. In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo and saved me and my daughter from losing our home. Our daughter will be a college freshman in September and he is using that money to be applied towards his... View More
answered on Jun 26, 2023
You wrote:
In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo
and saved me and my daughter from losing our home.
Now your daughter is in college and your ex wants to use the equity from the condo to help pay for the... View More
I recently took the mother of my possible son to cour to request, genetic testing. Because I signed his birth certificate, they denied genetic testing, and suggested we do it privately. Another gentleman did come forward and say the child was his. My question is because I am legally his father, am... View More
answered on Jun 26, 2023
I have no idea who you spoke with at the courthouse, but the fact that you signed the birth certificate does not mean that you do not have the right to contest paternity. The statute governing paternity proceedings specifically gives you the right to challenge paternity but doing it on your own has... View More
I had a 2005 DUI in New Jersey which was a traffic crime. It is only on my driving record but in 2021 I had 2 restraining orders 1 from my ex girlfriend in California court which was for 14 months and is now over and a permanent restraining order issued against me in New Jersey near the same time.... View More
answered on Jun 25, 2023
You need to talk with a lawyer who specializes in attorney ethics matters. Under our rules, if a lawyer is found guilty of domestic violence, it must be reported to the state ethics department. If the claim involved assault, a lawyer can be suspended from the practice or disbarred so I would... View More
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