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New Jersey Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I am a widow, no children .. can i get a law firm to be my power of attorney
Chen Li
Chen Li
answered on Jun 10, 2024

Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I'm Pro Se. Why did my wife's divorce attorney include a one-page boilerplate list objecting to every interrogatory? Tx

They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.

Richard Diamond
Richard Diamond
answered on Jun 4, 2024

They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.

Separately, if there are deficiencies, you need to a deficiency...
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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 3, 2024

Child support in New Jersey is considered the right of the child, meaning that it cannot be waived by either parent. Parents can file for child support at any age, so even if they agree not to seek support for the time being, they can still file later. However, child support will normally be... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Richard Diamond
Richard Diamond
answered on Jun 3, 2024

The father says that he is willing to support his child. Presuming he is being honest, why would you then file an application with the court to potentially get the same amount that he is offering without court intervention?

If anything, hire a lawyer to know what you are entitled to...
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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Leonard R. Boyer
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answered on Jun 1, 2024

You should realize by now unless the Court Order's your ex-husband to pay what he is supposed to, he is going to do whatever he wants. You need to retain an experienced matrimonial attorney who will charge you for about 1/2 to 1 hour of attorney time to review all the relevant documents and... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 1, 2024

Generally speaking, a party seeking to modify child support based on changed circumstances (like one child graduating from college) should file a petition in Court requesting to change or terminate support. While it may be that your child would be considered emancipated, the proper course is to... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Richard Diamond
Richard Diamond
answered on Jun 1, 2024

If your son graduated from college, isnt it safe to say that he is emancipated under the law? I presume your settlement agreement imposed a support obligation on your former husband until your son graduated from college. Typically, a payor would reach out to the other spouse in advance of the... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Richard Diamond
Richard Diamond
answered on May 31, 2024

It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

James L. Arrasmith
PREMIUM
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answered on Jun 1, 2024

Filing for bankruptcy does not affect the obligation of your ex-spouse to pay backpay for marital and child-related expenses. These obligations are generally considered non-dischargeable in bankruptcy, meaning your ex-spouse will still owe you that money even if you discharge your own debts. The... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 1, 2024

The way I read your question, you are anticipating discharging certain debts that your former spouse would otherwise have had an obligation to pay or reimburse you. If the debts no longer exist, then there would be nothing for him to pay to you. If there was some portion of the debt that was still... View More

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Michael Andrew Conte
Michael Andrew Conte
answered on May 28, 2024

It is up to the judge. File an adjournment request with that judge via JEDS, provide the reason you are making the request, and ask the judge for his/her chambers staff to contact you to advise as to whether the adjournment is granted. Otherwise, appear at the appointed time.

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Allison Kruk Ormond
Allison Kruk Ormond
answered on May 28, 2024

Thank you for your question. Self-represented litigants can submit requests to postpone a hearing via New Jersey's online filing system, JEDS. In addition, it's common to request a postponement (also called an adjournment) of a hearing if the Defendant needs additional time to prepare a... View More

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2024

Yes just call up the court speak with the judges law clerk or go online thru the courts JEDS system and request it in writing (always better) and depending on the judge and the court your in will determine how easy it will be to do this.

Different counties and different judges rules and...
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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Leonard R. Boyer
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answered on May 31, 2024

Every situation is unique and must be determined on its own merits. 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. With modern technology, you can be represented... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A default has been filed agianst me in Bergen Cty.Can I still upload my Answer or file a motion to set aside the default

The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More

Richard Diamond
Richard Diamond
answered on May 27, 2024

You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A default has been filed agianst me in Bergen Cty.Can I still upload my Answer or file a motion to set aside the default

The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More

Leonard R. Boyer
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answered on Jun 1, 2024

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 could get slaughtered... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.

I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.

Leonard R. Boyer
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answered on May 16, 2024

I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.

I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.

Bari Weinberger
Bari Weinberger
answered on May 28, 2024

Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.

The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that....
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Hiding assets overseas in divorce matter.

My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More

Richard Diamond
Richard Diamond
answered on Apr 29, 2024

It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More

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