New Jersey Family Law Questions & Answers
Q: I work 24 hours per week at 11.75. The judge added 16 hours to my income at 8.50 stating I have to be employed fulltime.
Leonard R. Boyer's answer
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ Legal Services, and they can make a motion for reconsideration, if the facts justify it. If you cannot afford an attorney contact local law school legal clinics.
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ Legal Services, and they can make a motion for reconsideration, if the facts justify it. If you cannot afford an attorney contact local law school legal clinics.
Q: Are most judges willing to approve changing a childs last name if the father is absent from their life
1 Answer
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in
Child Custody, Child Support and Family Law
for
New Jersey
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Leonard R. Boyer's answer
Every situation is different and your case like all the others is fact sensitive. 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). Do...
Every situation is different and your case like all the others is fact sensitive. 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). Do...
Q: my ex and I were Married and had our daughter in New Jersey . Transferred to Florida when she was 18 mon old . Got
2 Answers
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in
Divorce, Family Law, Child Support and Juvenile Law
for
New Jersey
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then your child's support in new jersey begin. is this the case ? if yes then the law of new jersey will be applied here. if no then tell me about it.
two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then your child's support in new jersey begin. is this the case ? if yes then the law of new jersey will be applied here. if no then tell me about it.
Q: Can I legally move out and live with an 18 yr old or older without parental consent at age 16?
1 Answer
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in
Child Custody, Family Law and Juvenile Law
for
New Jersey
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Leonard R. Boyer's answer
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.
Q: If I can't afford to live in the state of New Jersey can I relocate back home with my son if we lived there 4 yrs ago?
Leonard R. Boyer's answer
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a...
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a...
Q: What is my recourse when my ex wife takes my minor child out of the country with out my consent which is in our PSA
Adam Brown's answer
The court can go to the police and charge him with parental interference. This is a second degree offense if overseas. I would have to know a lot more about the order and PSA to give a truly definitive answer and to advise on best course of action.
You have options here, seek a consultation with an attorney.
The court can go to the police and charge him with parental interference. This is a second degree offense if overseas. I would have to know a lot more about the order and PSA to give a truly definitive answer and to advise on best course of action.
You have options here, seek a consultation with an attorney.
Q: NJ: I have sole legal and physical custody of my 10 yo child, Can I have non custodial parental rights terminated?
1 Answer
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in
Adoption, Child Custody and Family Law
for
New Jersey
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Bari Weinberger's answer
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your specific case.
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your specific case.
Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.
2 Answers
| Asked
in
Criminal Law, Family Law, Child Custody and Civil Rights
for
New Jersey
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
H. Scott Aalsberg Esq.'s answer
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.
Q: My mom was state employee for PERS had life insurance and pension. Is my divorced father entitled to these benefits?
Leonard R. Boyer's answer
Your question can not be answered without more facts and an in person consultation with a document review. Call an experienced attorney today to learn the answers.
Your question can not be answered without more facts and an in person consultation with a document review. Call an experienced attorney today to learn the answers.
Q: I married to a Student Visa girl less a year and now we are getting divorce? is there any alimony involve in this?
1 Answer
| Asked
in
Divorce, Family Law and Immigration Law
for
New Jersey
on
Answered on Dec 27, 2018
Answered on Dec 27, 2018
Leonard R. Boyer's answer
You do not need her signature to obtain a divorce. You just need to retain an experienced matrimonial attorney, who will represent you in this case. There is no issue of spousal support either. As for the immigration aspects, I am fairly certain this was a fraudulent "Green Card" marriage on her part. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap...
You do not need her signature to obtain a divorce. You just need to retain an experienced matrimonial attorney, who will represent you in this case. There is no issue of spousal support either. As for the immigration aspects, I am fairly certain this was a fraudulent "Green Card" marriage on her part. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap...
Q: Can I take my kids from NJ to visit my brother in VA while still married?
Adam Brown's answer
There is presently no court order likely in place. Generally you cannot kidnap your own kids. When there is a court order, you could be charged with parental interference. Filing for divorce is wise, temporarily visiting your brother should be possible. However, to visit your brother without disruption, I recommend hiring counsel to draft some sort of certification for assurance of your return. Otherwise, I would recommend counsel to make some sort of parenting-time plan during the pendency of...
There is presently no court order likely in place. Generally you cannot kidnap your own kids. When there is a court order, you could be charged with parental interference. Filing for divorce is wise, temporarily visiting your brother should be possible. However, to visit your brother without disruption, I recommend hiring counsel to draft some sort of certification for assurance of your return. Otherwise, I would recommend counsel to make some sort of parenting-time plan during the pendency of...
Q: My wife wants a divorce and wants to take the kids out of state in the middle of the school year when my son has a
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
New Jersey
on
Answered on Dec 25, 2018
Answered on Dec 25, 2018
Leonard R. Boyer's answer
NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it...
NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it...
Q: Can a judge decide to ignore their own court order for actions they failed to complete in a timely manner?
Leonard R. Boyer's answer
Without more information, it is not possible to answer your questions and address your concerns.
Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Without more information, it is not possible to answer your questions and address your concerns.
Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: My ex husband has had no contact with my three children for over five years. Is there a way to terminate his rights?
Bari Weinberger's answer
Thank you for your question.
Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so that you can review those factors with the attorney and better understand your rights and options.
I hope this information was helpful to you.
Thank you for your question.
Custody and potential step parent adoption are both fact sensitive issues. We would need a better understanding of the facts of your case to provide guidance on these issues. I recommend that you schedule a consultation with a family law attorney as soon as possible, so that you can review those factors with the attorney and better understand your rights and options.
I hope this information was helpful to you.
Q: Divorcing a narcissist NJ. Is it difficult to get legal protection from constant slandering, verbal abuse & harassment?
Leonard R. Boyer's answer
No it is not hard at all. You need to retain an experienced matrimonial attorney to handle this case in an aggressive professional fashion. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
No it is not hard at all. You need to retain an experienced matrimonial attorney to handle this case in an aggressive professional fashion. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: How can my retained lawfirm get all records of filings, hearings and court orders in my custody case?
Leonard R. Boyer's answer
That is completely absurd and obscene. Contact the NJ State Bar Ethics committee and report this. You should get a significant refund it not all of it. You really need a new law firm. The Court file if it is still in the local court can be copied at the Court by paying the Court the required fee per page. If the file is in the Court storage system in Trenton, it will take long to obtain, but it will not even cost $500.00 worst case scenario, unless transcripts of Court proceedings have to be...
That is completely absurd and obscene. Contact the NJ State Bar Ethics committee and report this. You should get a significant refund it not all of it. You really need a new law firm. The Court file if it is still in the local court can be copied at the Court by paying the Court the required fee per page. If the file is in the Court storage system in Trenton, it will take long to obtain, but it will not even cost $500.00 worst case scenario, unless transcripts of Court proceedings have to be...
Q: Hello I am a student at William Paterson University I have a project where I have to interview a lawyer.
1 Answer
| Asked
in
Divorce, Family Law, Tax Law and Communications Law
for
New Jersey
on
Answered on Dec 5, 2018
Answered on Dec 5, 2018
Leonard R. Boyer's answer
This is not the purpose of this forum. Call an attorney during their business hours.
This is not the purpose of this forum. Call an attorney during their business hours.
Q: Does a statewide judgement get paid if someone gets money from a lawsuit ?
Leonard R. Boyer's answer
You need to have an experienced attorney docket the Judgment in Trenton. Then have an experienced matrimonial attorney file an enforcement motion. 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.
You need to have an experienced attorney docket the Judgment in Trenton. Then have an experienced matrimonial attorney file an enforcement motion. 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.
Q: What are the guidelines for terminating parental rights? What will I need to prove?
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
New Jersey
on
Answered on Dec 1, 2018
Answered on Dec 1, 2018
Leonard R. Boyer's answer
This is far too complex a question to be answered by anything other than a personal consultation with an experienced matrimonial attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. You also need to ask the attorney about their experience with this type of case.
This is far too complex a question to be answered by anything other than a personal consultation with an experienced matrimonial attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. You also need to ask the attorney about their experience with this type of case.
Q: My child is 3 and never met his dad. I took him to court, he never appeared and support order was issued.
Leonard R. Boyer's answer
I understand your panic and concern. But the Court is not going to be sympathetic to him. You need to retain an experienced matrimonial attorney to represent you, which includes preparing a proper responsive pleading. This is not something that you can handle on your own. 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.
I understand your panic and concern. But the Court is not going to be sympathetic to him. You need to retain an experienced matrimonial attorney to represent you, which includes preparing a proper responsive pleading. This is not something that you can handle on your own. 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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