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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law for New Jersey on
Q: We met a couple of times She got pregnant She asked me for money for abortion I sent it and then she said it was done

She calls 8 months after saying she kept it and I am not ready to be a father

What do I do

Richard Diamond
Richard Diamond answered on May 26, 2020

From the information provided, im not sure if you are being scammed by a con-artist or if she legitimately was not sure what she wanted to do and in the end, decided to go forward with the birth. But, before I would give her another penny, I would ask for the birth certificate, medical records for... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: My attorney created a fictitious document to replace one on file and then submitted without client knowledge or consent.

My attorney created a new fictitious QDRO and submitted it to the opposing party and State for approval without the consent or knowledge of the client. I had already provided them with an approved copy - post-judgement. It is further complicated because my ex liquefied her pension post-judgement... Read more »

Richard Diamond
Richard Diamond answered on May 26, 2020

Short answer is that you need to sit down with a family law specialist to review the various documents involved to figure out what action needs to take place to sort out this mess and then, based on the advice given, you can figure out if your ex improperly liquidated the marital portion of her... Read more »

2 Answers | Asked in Contracts and Family Law for New Jersey on
Q: Can I make a legally binding agreement with my husband?

I want to separate from my husband. We have two kids, I don't work, and I would like to keep the kids. My husband has told me he would provide for me my rent, and a weekly amount of money, since I don't work and I need to take care of both kids.

Can we make a legal agreement... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on May 22, 2020

Thank you for your question. There is o such thing as legal separation in NJ. That being said you have options. You could file a non-dissolution action with the court and then execute a Consent Order with all the terms you and your husband agree on. You could also do a Divorce from Bed &... Read more »

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2 Answers | Asked in Contracts and Family Law for New Jersey on
Q: Can I make a legally binding agreement with my husband?

I want to separate from my husband. We have two kids, I don't work, and I would like to keep the kids. My husband has told me he would provide for me my rent, and a weekly amount of money, since I don't work and I need to take care of both kids.

Can we make a legal agreement... Read more »

Richard Diamond
Richard Diamond answered on May 22, 2020

My sense is that you are trying to figure out how to tiptoe through emotionally difficult terrain, fearful that if you push too hard, your husband will start making demands to share the children and then refusing to give you money for yourself and your children. You are the perfect person to sit... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: what can a defendant do when in 3 family orders the judge keeps making the same mistake that are impacting all 3 orders

Last june the judge ordered the plaintiff to provide me with the child's amount of social security benefits by that July 11. They did not and ignored the order and as a result I could not get numbers to adjust my child support. I had to hire a lawyer to file a motion to enforce. When the... Read more »

Richard Diamond
Richard Diamond answered on May 20, 2020

Is it safe to say that the lawyer you hired to file that application was not a family law specialist? From what I can glean from your inquiry, you have a child support obligation and your child is receiving social security benefits as a result of social security benefits being paid out as a result... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: How long does the process take to get an order from the court for grandparent visitation?
Richard Diamond
Richard Diamond answered on May 13, 2020

About 1-2 times per month, my office will get a call from a grandparent asking if they can file an application with the court to compel visitation with their grandchild.

In response, we start off with a discussion on the statute governing visitation for siblings and grandparents, which is...
Read more »

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: In NJ does Sole Custody include physical and legal custody?

My 7 yr old son is having behavior issues and I would like him to see a psychologist. The psychologist insists that my Ex-Wife sign the consent forms but my divorce paperwork says that I have Sole Custody. Because it does not specifically say "legal custody" they won't see my son... Read more »

Richard Diamond
Richard Diamond answered on May 7, 2020

Its rare for a court to award sole custody to a parent today, so im sure that the doctors office is on "auto pilot" and does not know how to interpret it.

Under the laws applicable in New Jersey, when parties are divorced and there is a joint legal or a joint physical custodial...
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2 Answers | Asked in Family Law, Business Law and Legal Malpractice for New Jersey on
Q: . How can I create a legal binding promissory note?

My friend sold her business to me but it’s still in her name. I can’t change my name because of other reason but Tax responsibility 100% is mine, but I want to have a legal binding document that can create a bond of trust between us. I want to write a kind of promissory note show that if IRS... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

The issues presented are as follows:

1. protecting your friend from the IRS in the event of a triggering event for liability,

2. give your friend confidence that she is properly protected from liability AND

3. guarantee that its your business and that if its successful,...
Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Continuation of Child Support request for child who is transferring from Community College to College - Procedure?

My daughter has always been an A student, her GPA has always been high and is 3.9 right now; she is part of the Honors Program/Phi Theta Kapha and she has been included in the deans list several times; she works really hard; my ex-husband is informed and we have worked on this together. He knows I... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

You need to sit down with your former husband immediately to discuss your daughter going on to a 4 year school, since the issue will be whether she will live at home while attending college or whether she will be living at school while attending college. Those are 2 very different scenarios and... Read more »

1 Answer | Asked in Family Law and Juvenile Law for New Jersey on
Q: Can I take my ex-wife to court for allowing my daughter to drop out of HS and not monitor the home school program?

I have Joint Custody of my 2 children, Daughter 17, Son 20 and Disabled. They both live with my ex-wife. The ex allows my daughter to do whatever she wants including not speak to me or complete the home school courses that I purchased for her. My daughter lies and says she does the work but the... Read more »

Richard Diamond
Richard Diamond answered on May 4, 2020

What I am hearing more than anything in your question is "frustration" that you feel that your daughter is making terrible decisions that will affect the rest of her life and you feel powerless to do anything about it since your daughter is not listening to you / returning your calls and... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Hi, I am a resident of Middlesex county, NJ, where after a short lived marriage of 2 months my husband filed for divorce

or anullment on false reasons on grounds of irreconcilable differences. I was a victim of physical and emotional abuse for which I have filed a police complaint as well. I am an Indian citizen and came to US for a short visit on business Visa and was cojuled into this marriage. I did not have... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. While there may be personal reason why you wanted to file on the grounds of mental cruelty, it will not matter what the underlying grounds are. It will not be on the Final Judgment of Divorce, nor does fault matter in New Jersey as far as potential property... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Is it legal in the state of NJ for my 17 year old daughter to just decide move out on her own without being emancipated?

Her 19 year old boyfriend is coercing her, trying to get her to move in with him. He is far from financially stable, does not even have his own place to live, nor does my daughter have a job and she’s pregnant. She won’t actually be 17 until the end of September. He does not even have a job... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2020

My heart bleeds for you since this realistically is not a legal question but frustration expressed by a parent over a bad setting. My suggestion is that you calmly, calmly & calmly ask your daughter to consider attending a counseling session with you and a mental health person to discuss... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How to continue child support for child who will transfer from Community College to College?

My daughter finishes community college next month; she will finish her Associates Degree course and will try to finish the last two years after she transfer to a four year college; My daughter has always been a A student, her GPA has always been high and is 3.9 right now; she is part of the... Read more »

Richard Diamond
Richard Diamond answered on Apr 17, 2020

You are mixing apples with pineapples so hopefully we can sort out a few items in this discussion. The law in NJ presumes that a child is emancipated upon graduation from high school BUT if a child goes on to college, 99.9999975% of the family law judges in this state are of the opinion that... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My ex- is supposed to have the 1 night a week for dinner and every other weekend. He has only seen them

A handful of times in the last year. He claims it is because I live in another state an hour away which was agreed upon during the divorce and he is living with his parents concurrently laid off from work. I am faced with the financial burden of having the children 24/7. When I asked my divorce... Read more »

Richard Diamond
Richard Diamond answered on Apr 14, 2020

I dont agree with the "rationale" given to you by your NJ divorce lawyer, BUT the conclusion may be correct. Let me explain. When you got divorced, the lawyers / court prepared a child support guideline worksheet, listing his total income, your total income, the payment of health... Read more »

3 Answers | Asked in Family Law for New Jersey on
Q: Mom is denying parenting time from dad due to virus because mom has asthma. Can father win if he files emergency motion?

Can one parent deny the other parent parenting time because of the virus if the other parent has been acting responsibly?

Richard Diamond
Richard Diamond answered on Apr 14, 2020

In theory, dad should win. In reality, any lawyer who tells you that he / she can file an emergent application at this time and can tell you how the judge assigned to handle this issue will response, is being disingenuous with you. To begin with, emergent parenting time applications are being... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: My ex wife wants to drive 20 hours w our 4 & 6 year old children to visit her family out of state during the pandemic.
Teresa L. Reichek
Teresa L. Reichek answered on Apr 9, 2020

I can understand why you would find this concerning. The best thing to do is to file an Order to Show Cause as this is an emergent issue affecting the safety and well being of the children. That being said, this is a complicated and much contested legal issue right now. You should consult with an... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: HELP!! I need clarification of custodial parent living distance from non custodial parent after remarriage.

I live in NJ and is the primary custodial parent of my 2 kids. Can I move where my fiance lives after we're married? He lives 50 miles outside of where we live... actually 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside of a 50 mile... Read more »

Richard Diamond
Richard Diamond answered on Apr 8, 2020

A: Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I want to know what it takes to divorce only one parent and if there are any specific requirements to do so?
Bari Weinberger
Bari Weinberger answered on Apr 8, 2020

Thank you for your question about divorce. I am not sure I understand what you mean by divorcing one parent. Divorce occurs between two parties, and while custody and child support can be determined in the divorce, the child is not a part of the divorce. I would need more information to respond... Read more »

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can my parents call the cops on me ?

I’m 18 years old living in New Jersey and I want to move out. I have plans to move and stay with my boyfriend can my parents call the cops and forcefully remove me from his home?

Richard Diamond
Richard Diamond answered on Apr 7, 2020

This is every parents worst nightmare ( or at lease one of their nightmares) and its also a test for you. I have been a divorce & family law attorney for the past 34 years and have tried to help parents with their relationships with their children through the court system, through mediation and... Read more »

2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: My mother's Living Will includes a "Durable Power of Attorney for Healthcare".

Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 6, 2020

A durable power of Attorney for Healthcare is supposed to be for healthcare decisions only. An attorney would need to review her document to tell you what powers the DPA gives to the person.

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