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New Jersey Family Law Questions & Answers
3 Answers | Asked in Child Support, Civil Litigation and Family Law for New Jersey on
Q: Can paying college expenses influence child support obligations?

I have been paying child support for my 20-year-old child who attends an out-of-state college. In addition to the court-mandated child support, I cover 100% of the child's college expenses, including tuition, dorm, food, laundry, travel, clothing, and any other college-related costs. The child... View More

Richard Diamond
Richard Diamond
answered on Oct 30, 2025

You need to meet with an experienced divorce lawyer.

This is not the type of issue to go to a general lawyer to discuss.

An experienced divorce lawyer will look at the amount of your child's college costs, the amount of your contributions to the child's college costs,...
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2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: Can a move within NJ affect custody agreement without proximity clause?

I am a full-time teacher and have full physical custody of my two elementary school-aged children, while sharing legal custody with my ex. I recently purchased a home 57 miles away within a prestigious school district in New Jersey, as the current custody agreement does not contain a geographical... View More

Richard Diamond
Richard Diamond
answered on Oct 25, 2025

The short answer is that the law in NJ changed and a move inside or outside of the state that impacts the other parent's time with the children can be a proper basis for reexamination of the actual plan and potentially give rise tot changes. My suggestion is that you dont dig your heels in and... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Does child support continue for a 22-year-old child in NJ after college graduation?

In New Jersey, does child support continue if my child is 22, has graduated from college, and is living with the custodial parent?

Richard Diamond
Richard Diamond
answered on Oct 14, 2025

As a general statement, the payment of direct child support ends when a child graduates from high school. If a child then goes on to college, the next question is whether there is still a direct payment of child support to the other parent while the child is in college and that depends on whether... View More

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2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: Served child support letters despite paying $350/month; how to address them?

I have been served with child support letters, despite giving the mother $350 a month and spending time with my daughter around four times a month. Our agreement was verbal, but I have electronic documentation of our discussions and bank statements showing my payments. I work 100% on commission and... View More

Richard Diamond
Richard Diamond
answered on Oct 6, 2025

You need to become educated quickly on what the child support guidelines provide for the payment of child support and related expenses. If you have your child with you less than 28.5%% of the overnights ( not simply for dinners or for an afternoon), then the sole parenting work sheet applies, using... View More

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2 Answers | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for New Jersey on
Q: Joint custody issue: Niece taken to Florida, not returned to NJ. What are my legal steps?

I have joint legal custody of my niece along with her biological parents, and I have physical custody of her as well. I allowed her father to take her to Florida in August, with the understanding she would return to New Jersey before school started in September. However, he has not returned her,... View More

Richard Diamond
Richard Diamond
answered on Oct 2, 2025

You need an experienced family law attorney to represent you since there are specific statutes in place to address this setting and potentially, this involves a "kidnapping issue. Getting an order out of the NJ court system is merely step 1 in the process. Presuming you apply correctly and the... View More

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3 Answers | Asked in Child Support, Child Custody and Family Law for New Jersey on
Q: Cost of lawyer for child support increase in NJ with changed custody circumstance

I'm located in Hudson County and I'm seeking to increase my child support as my circumstances have changed. Since July 2024, I've become the primary custodial parent with 293 days, while the other parent has 72 overnights a year. Our support arrangement hasn't changed to reflect... View More

Richard Diamond
Richard Diamond
answered on Sep 29, 2025

If I understand your question correctly, your former partner and you have 2 children together and he/she pays you 28.61 cents per week for support of both children currently and the overnight plan has changed where you now have 80% of the overnights. To file the application, there are specific... View More

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3 Answers | Asked in Child Support, Child Custody and Family Law for New Jersey on
Q: Cost of lawyer for child support increase in NJ with changed custody circumstance

I'm located in Hudson County and I'm seeking to increase my child support as my circumstances have changed. Since July 2024, I've become the primary custodial parent with 293 days, while the other parent has 72 overnights a year. Our support arrangement hasn't changed to reflect... View More

Elena K. Weitz
Elena K. Weitz
answered on Sep 29, 2025

Typically, attorney fees in this area charge an hourly rate for preparing the document submission and attending court to represent you. An experienced family law attorney will know the ins and outs of filings, and the specific document which are required for your filing. In some cases, even if you... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Family Law and Real Estate Law for New Jersey on
Q: Responsibility for ex-boyfriend's belongings after restraining order in NJ.

I filed an indefinite restraining order against my boyfriend until he shows up for court. The judge said she has nothing to say about his belongings. He has been gone for 3 weeks and is now homeless. My HOA is warning me about the stuff he left outside on the property. He has not contacted me and... View More

Richard Diamond
Richard Diamond
answered on Sep 22, 2025

The reason the judge said he cannot give you advice on the handling of the personalty is that your boyfriend had not been served with the complaint yet and therefore not in a position to address any aspect of the merits of the matter. Hypothetically:

Your boyfriend entered an appearance in...
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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can I amend or file a new motion for additional violations of court order in NJ family court?

I submitted a motion in New Jersey family court due to a violation of the court order by my ex-spouse, who refuses to pay his contribution to college expenses and other financial obligations, amounting to thousands of dollars. Numerous attempts to address these issues have been made, but he flat... View More

Richard Diamond
Richard Diamond
answered on Sep 18, 2025

Easiest way to figure it out is to call the chambers of the judge assigned to your matter and speak with the Judge's law clerk and ask which is the judge's preference - file a supplemental application or file a separate application to address the additional violation claims.... View More

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3 Answers | Asked in Child Custody, Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: Can criminal charges help finalize my child's restraining order in NJ?

I have a temporary restraining order in place for my 2-year-old daughter against her father, pending the results of criminal charges. He has already pled guilty to risk of injury to a child, strangulation, and threatening, additionally admitting on record to physically harming our child when she... View More

Richard Diamond
Richard Diamond
answered on Sep 3, 2025

No lawyer would or should answer the type of question posed without sitting down with you to get a clearer understanding of exactly what has taken place, what proofs exist and what your former partner is pleading guilty to especially since you say that he has already pled guilty to 1. risk of... View More

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3 Answers | Asked in Child Custody, Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: Can criminal charges help finalize my child's restraining order in NJ?

I have a temporary restraining order in place for my 2-year-old daughter against her father, pending the results of criminal charges. He has already pled guilty to risk of injury to a child, strangulation, and threatening, additionally admitting on record to physically harming our child when she... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 3, 2025

A criminal charge without a conviction will have a hard time getting into evidence compared to an actually conviction which appears soon to happen after his sentencing. If he is convicted make sure you offer the judge proof of the conviction by getting a certified copy of it. Sure the judge can... View More

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2 Answers | Asked in Family Law, Probate and Banking for New Jersey on
Q: Bank account ownership after wife's death under NJ law

My wife passed away in 2023, leaving several bank accounts: one solely in her name, one joint with me (her husband), and another joint with our son. Her will specifies that all her assets should go to me. There's one account where both my son and I are beneficiaries. No probate process has... View More

Richard Diamond
Richard Diamond
answered on Aug 28, 2025

This is clearly an estate law issue, and you should speak with a lawyer who specializes in estate law to address the accounts where your wife named your son as beneficiary, the account where she named you and your son as equal beneficiaries and the account in her name alone since treatment for each... View More

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2 Answers | Asked in Divorce, Probate, Appeals / Appellate Law, Civil Litigation, Contracts and Family Law for New Jersey on
Q: How to nullify a consent agreement in a re-opened divorce case as executor?

I am facing a complex situation where I was brought into a re-opened divorce financial case in 2018 as the executor of an estate. I am the plaintiff's son but was never formally substituted into the case, nor did I receive proper legal advice about my role as executor. During negotiations,... View More

Richard Diamond
Richard Diamond
answered on Aug 26, 2025

If I understand the setting correctly,

*your parent passed away

*you were the executor of the estate.

* as executor, you participated in the sale of a piece of real estate on behalf of your parent

* as part of the sale of that piece of real estate, you signed...
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2 Answers | Asked in Family Law for New Jersey on
Q: Can I get an annulment in NJ due to mental incapacity during marriage ceremony?

I am seeking an annulment in New Jersey due to mental incapacity at the time of my marriage on January 30th, 2025. I plan to file by the first week of September 2025. My therapist has documented my mental state during the marriage ceremony, supporting that I was not of sound mind. I can also... View More

Richard Diamond
Richard Diamond
answered on Aug 20, 2025

As a general statement, the basis for an annulment is that there was a fraud practiced upon you by your partner, which fraud went to the foundation of the marriage. The most common claim is that you and your partner discussed having children in advance of the wedding and immediately afterwards, you... View More

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1 Answer | Asked in Adoption, Gov & Administrative Law and Family Law for New Jersey on
Q: Do I have to give DCPP birth parents' info for an unsubstantiated neglect case?

I am an adoptive parent, and a neglect case with DCPP was opened but was unsubstantiated. DCPP informed me verbally that they will be closing the case. Despite not having any signed agreements to share information, DCPP insists that they need the birth parents' information. One of the birth... View More

Richard Diamond
Richard Diamond
answered on Aug 5, 2025

Had you told me that the outcome of the DCPP investigation was "unfounded" versus "not established", I might have felt differently about how to handle things.

There are 4 potential outcomes to a DCPP matter, with the highest being substantiated and the lowest being...
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1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can my mother with sole custody make me move to another state permanently when I'm 16?

My mother has sole custody of me, and I am currently 16 years old, turning 17 in three weeks. I have already graduated high school and have two jobs here in New Jersey where my family and support system are located. My mother is planning a permanent move out of the state due to her struggles in New... View More

Richard Diamond
Richard Diamond
answered on Jul 28, 2025

A sole custody setting in New Jersey is not common place today, so (1) either your dad was absent and your mother was able to have a sole custody setting put in place, ( 2) their is a domestic violence setting in place with a restraining order in place to protect your mother, or ( 3) there are... View More

3 Answers | Asked in Child Custody, Civil Litigation and Family Law for New Jersey on
Q: How can I hold my ex accountable for violating parenting time court order and children's bill of rights in NJ?

I live in NJ, and I'm struggling with my ex not complying with the court order for parenting time that began at the start of 2025. Despite her multiple violations, including those against the children's bill of rights, the court has not focused on these issues when I brought them up while... View More

Bari Weinberger
Bari Weinberger
answered on Aug 6, 2025

Thank you for your question. I am sorry you are frustrated by the seeming lack of accountability for the co-parent’s actions. I commend you on returning to Court and getting additional parenting time with your child. In New Jersey, the Judges can change custody and parenting time decisions if you... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How to ensure fair division of marital home sale proceeds in NJ divorce?

I am going through a divorce in which the marital home has already been sold, and we are in negotiations regarding the division of assets. There is no court order yet, but the proceeds from the home sale are substantial. The plaintiff's lawyer is convincing my spouse not to agree on the... View More

Richard Diamond
Richard Diamond
answered on Jul 14, 2025

I dont know if your spouse's lawyer has legitimate reasons for seeking an unequal division of the home's equity or if he is simply taking that position because you are a pro se litigant but since he is suggesting to your spouse not to agree to an equal division, Im guessing that there are... View More

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3 Answers | Asked in Divorce, Child Custody and Family Law for New Jersey on
Q: How to move out of state with kids pending divorce in NJ?

In New Jersey, what do I need to move out of state with my children while my divorce is still pending? There is an existing parenting plan, but it's not yet finalized. The father has verbally agreed to allow me to move due to opportunities and a lower cost of living. However, there is no... View More

Richard Diamond
Richard Diamond
answered on Jun 25, 2025

The law in New Jersey changed radically a few years back concerning relocation by a primary custodial parent if the other parent objects. Under the new law, it's much tougher to relocate with the children since the focus is on the nature and quality of the relationship between the other parent... View More

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2 Answers | Asked in Probate, Child Support and Family Law for New Jersey on
Q: Does a NJ probate court order create a civilly enforceable judgment lien?

In 2007, the New Jersey Chancery Probate Court entered an order directing an estate to pay a child support judgment from 1980-82. The order was signed by a judge but not docketed in the NJ civil judgment system, and it doesn’t appear in the public Judgment Lien Search portal. The estate case... View More

Richard Diamond
Richard Diamond
answered on Jun 20, 2025

Im guessing that at the time of the entry of the probate court order, the dollar amount owed for child support was not known so that there was no filing with the judgment section as a judgment. I presume also that at some point after the entry of that order, someone sat down to calculate the amount... View More

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