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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law, Banking and Divorce for New Jersey on
Q: Can a PoD designation ever be reversed or nullified in the state of New Jersey? If so, how?

My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law and Family Law for New Jersey on
Q: On Nov 12 2024 the Appellate Court Judge ordered that my great granddaughter(currently pending adoption) shall not be

removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia

How can they over rule judge's order?

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I don't want to change the custody schedule, but do I have grounds to file emergency custody for violating?

Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: do I owe my exwife half the car and security deposit (we rent) ? not divorced yet. they are cheating, NJ. please help

my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.

we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More

Valerie Hemhauser
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answered on Nov 21, 2024

Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Richard Diamond
Richard Diamond
answered on Nov 21, 2024

The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.

Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
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answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

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1 Answer | Asked in Family Law, Juvenile Law and Sexual Harassment for New Jersey on
Q: I am wondering if someone could help me answer questions about my case as a minor.

I am a minor charged with 2nd degree sexual assault and 3rd degree endangering the welfare of a minor. I am not allowed to live at my home and i am not allowed to have contact with anyone under the age of 18 preventing me to talk to my friends and go to school. I wanted to ask a few more questions... View More

Clifford E. Lazzaro
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answered on Nov 8, 2024

To fully answer your question, I must review your judgement of conviction or juvenile disposition sheet as well as a copy of your case file.

On sexual assault convictions and endangering the welfare of a child convictions related to inappropriate sexual contact, there is PSL, which stands...
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1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years.... View More

Richard Diamond
Richard Diamond
answered on Oct 27, 2024

You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

Having no assets alone does not negate the possibility of an alimony support obligation.

Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support...
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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Richard Diamond
Richard Diamond
answered on Oct 21, 2024

It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
LaDonna M. Cousins
LaDonna M. Cousins
answered on Oct 21, 2024

The answer depends on several factors. The factors are detailed in the statute. The factors include, but are not limited to, each of the parties' incomes, the parties' lifestyle during the marriage, a party's need, a party's ability to pay, childcare responsibilities, and more.... View More

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1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: With the unborn child support act, is father of child required to pay this retroactively to me?

I have a child that is 2 years 8 months. I am not together with the father. He is on the birth certificate. He did not pay for any prenatal care or for the birth. At the time I was working and had insurance and he was not working as he was studying full time.

Richard Diamond
Richard Diamond
answered on Sep 21, 2024

As far as I am aware, the "Unborn Child Support Act" was introduced in 2022 as proposed federal legislation.

The bill never made it out of committee.

It was then reintroduced in 2024 and, as far as I understand, has not been approved by Congress.

Even still,...
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1 Answer | Asked in Family Law for New Jersey on
Q: How to best protect existing assets without a prenup?

If I'm getting married without a prenup in NJ and currently have multiple trading accounts with several million in assets across them, will those assets be considered pre-marital property and not subject to division if I do not contribute any new money to these accounts? Will using those... View More

Leonard R. Boyer
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answered on Sep 18, 2024

Do not even think of getting married without a prenuptial agreement. That would be the worst mistake you could possibly make. You need to retain an experienced matrimonial attorney who knows how to make an iron clad agreement. Pick the best attorney you can find and remember one rule: a good... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Does a provision in a PSA requiring me to pay “permanent alimony” for the rest of my life invalidated by statute?

The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.

Richard Diamond
Richard Diamond
answered on Aug 30, 2024

In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties

Richard Diamond
Richard Diamond
answered on Sep 9, 2024

When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Where I can obtain power of attorney
Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

As a general matter, if you want to do it "on the cheap" at minimum cost, you could visit a stationary store near a courthouse that sells standard legal forms, you could find legal forms online, or you could use one of the do-it-yourself services.

Most law firms are equipped to...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Ex-husband refuses to give proof of insurance, if I file a motion can he answer with a motion to reduce alimony?

Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More

Leonard R. Boyer
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answered on Jul 27, 2024

You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

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