New Jersey Family Law Questions & Answers
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 »
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 »
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 »
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 »
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?
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.
Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?
I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?
Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in... Read more »
Q: I have a court order for permanent alimony for the past 11 years. Ex-husband wants me to agree to terminate alimony.
Ex-husband left his job two years ago and voluntarily, took a buyout and did not get another job. He continued to pay the alimony but now he wants to stop paying. He's an engineer by career and is now looking to be a yoga instructor/massage therapist. I am on SS disability for a permanent... Read more »
Your ex-husband is willfully underemployed. He could make a motion to terminate your alimony, but he would have to show a permanent change in circumstances that is not his doing. He can move to terminate alimony if he claims to be retired, although he has not reached the customary age to do so.... Read more »
Q: What if the custodial parent lied about the child being in day care & summer camp? Can there be a modification in child
If a child support award was entered based on the child attending daycare and summer camp and that child is not enrolled in daycare and summer camp and if you do not anticipate the child enrolling in those programs, you can file a motion with the court to modify the child support payments. Of... Read more »
Q: How does a child working affect child support payments? Can that cause a reduction in support payments?
Thank you for your question. The answer to your question really depends on the child’s age. If they are under 18, and it is a child support guidelines case, then the child’s income is not included. However, if the child is over 18 and living away at college, child support is determined on... Read more »
Q: Is it illegal for a 34 year old and a 17 year old to have a baby in the state of New Jersey?
No.
Q: My son is currently incarcerated, his ex girlfriend is seeking sole physical custody and wants to Florida with the kids
Ages ,16, 12, and 6. Can the courts stop her from doing this?
There are rules when relocating with children out of state. She needs permission from the other parent or a court order. He can file opposition to her application, and if she didn't file an application he can file a motion to stop her.
You can also file a grandparents' rights petition.... Read more »
Q: MY husband, had a child before I met him when she was 5 the mother took her back to her country, while still getting
child support he went back and forth to the court telling them she's not in the country and 8 times they stop the support they tell her to bring school records she never does the she waits a year and goes back to file another support order final in Feb 2018 they judge stop the order and told her... Read more »
An Appellate Court proceeding is not a new trial. What your husband needs to do is to retain an experienced matrimonial attorney to make a motion in NJ based on the current realities. But child support and visitation have nothing to do with each other. Appeals statistically fail the vast majority... Read more »
Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help
I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?
You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be... Read more »
Q: My boyfriend has a son but the mother has custody of him. He pays child support but he also has backed up child support.
How can we go about getting full custody.
You should hire an experienced family law attorney to file an application for a change in custody and child support. He will still owe the child support arrears, but if the Judge grants him physical custody then she will owe him child support and it will start to even out his arrears. There are... Read more »
Q: What are my rights in the state of NJ if my 17 yr old doesn’t come home by curfew?
Am I able to lock the door for the night and he can sleep by a friend’s house?
You can certainly lock the door. That’s being safe.
Q: How do I get certified copy of name change certificate, that was issued as part of naturalization?
How do I get certified copy of name change certificate, that was issued as part of naturalization? Right after naturalization I was able to get US passport with new name as well as updated my name with Social security office. Lost that certificate and now DMV needs that certificate? USCIS won't... Read more »
You need to go to the authority that authorized the name change. If you changed your name incident to divorce then you go to the family division in the county where you were divorced.
If you changed your name in the court and it did not involve a divorce then you need to contact the law... Read more »
Q: What will happen in court on the June 24th. Will the judge grant him.
We are originally moved from nj to ga June 2017. My son dad is on parole so I had to find a place so he can get approved they approved him in December 2017. Our relationship did not workout, while I was at work he dropped my children off at my aunt's house caught the greyhound bus and went back to... Read more »
There is no way to predict what a Judge will do, however it appears that based on what you stated, you are the more appropriate person to be the primary custodial parent. Without a detailed review of you situation and the pleadings he filed, no one on this forum can give you meaningful advice. But,... Read more »
Q: What can I do if I'm paying child support and cannot afford living arrangements for myself
living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed
Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.
Q: how do i move with my dad away from my abusive mother
Until and unless there is a previous court order stating otherwise, your parents share legal and physical custody of any minor children they have in common. There is nothing stopping you and your dad from moving out. If you or your father ever feel that you are in danger from your mother do not... Read more »
Q: Are we legally responsible to pay for our dog attacking a neighbor's cat in our yard?
My son and his wife were staying with us. My son left for the opposite coast and left his dog. My husband walked the dog in our yard and it attacked our neighbor's cat which was in our yard. My husband got the neighbor who took the cat to the vet. She demanded that we get the dog out of the... Read more »
It’s hard to answer without more facts. I would advise speaking with an attorney
Q: Can a custodial parent put a noncustodial parent on child support twice after being off? Parents were never married.
Yes, it is the right of the child.
Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?
It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?
No, there’s anti-retroactivity statute
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