New Jersey Family Law Questions & Answers
Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ
1 Answer
| Asked
in
Estate Planning, Family Law and Contracts
for
New Jersey
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Noel Rivers' answer
Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.
Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.
Q: Subpoenas The plaintiff in a NJ civil case is trying to subpoena bank records in the state of GA, GA has stated they
Noel Rivers' answer
There are many companies that can properly serve subpoenas to out of state companies. Often, when an out of state company receives a subpoena that was properly served, it complies with the subpoena. Subpoenas sent without proper service can be ignored by the receiving company.
There are many companies that can properly serve subpoenas to out of state companies. Often, when an out of state company receives a subpoena that was properly served, it complies with the subpoena. Subpoenas sent without proper service can be ignored by the receiving company.
Q: Do I need to be specific when asking for evidence from opposing attorney?
Adam Brown's answer
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into evidence.
Adam
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into evidence.
Adam
Q: my husband has an affair. I want separate with him . We have 2 girls (15,12 years) . I am not working . Green card.
Leonard R. Boyer's answer
Your situation is far too complex for anything other than an in person consultation. You will need to retain an experienced immigration and matrimonial attorney to handle this matter. If the harassment continues, call 911 and file a complaint for harassment and seek a Temporary Restraining Order.
Your situation is far too complex for anything other than an in person consultation. You will need to retain an experienced immigration and matrimonial attorney to handle this matter. If the harassment continues, call 911 and file a complaint for harassment and seek a Temporary Restraining Order.
Q: What can my friend do if she falsified info to her case worker?
Leonard R. Boyer's answer
Your friend needs to retain an experienced matrimonial attorney to handle this matter, but no one can guarantee, that even with an attorney, that your friend may still lose her children. There are a significant amount of information that would be required to give your friend meaningful legal advice. This is best accomplished through an in person consultation, where your friend would be protected by attorney-client privilege, which does not exist on the Internet. Do not let geographic...
Your friend needs to retain an experienced matrimonial attorney to handle this matter, but no one can guarantee, that even with an attorney, that your friend may still lose her children. There are a significant amount of information that would be required to give your friend meaningful legal advice. This is best accomplished through an in person consultation, where your friend would be protected by attorney-client privilege, which does not exist on the Internet. Do not let geographic...
Q: What are the legal consequences for lying to a social worker?
Leonard R. Boyer's answer
There are no fixed set of consequences, just do not do it. A social worker has broad powers, but if you believe that you are not being treated properly, than you need to contact an experienced matrimonial attorney to discuss the situation in detail, and if applicable bring the matter to the attention of the Court.
There are no fixed set of consequences, just do not do it. A social worker has broad powers, but if you believe that you are not being treated properly, than you need to contact an experienced matrimonial attorney to discuss the situation in detail, and if applicable bring the matter to the attention of the Court.
Q: I recently got the TPO dismissed. Does that mean I could get the summons dismissed too? I never committed a crime before
H. Scott Aalsberg Esq.'s answer
A TRO has a much lower standard than a criminal charge. That being said many reason exist why a TRO could be dismissed where as those reasons have nothing to do and won't effect a criminal charge. Thus I suggest hiring a lawyer because if it doesn't get dismissed you may be looking at jail, probation, fines and a criminal record.
A TRO has a much lower standard than a criminal charge. That being said many reason exist why a TRO could be dismissed where as those reasons have nothing to do and won't effect a criminal charge. Thus I suggest hiring a lawyer because if it doesn't get dismissed you may be looking at jail, probation, fines and a criminal record.
Q: Hi, I need consultation, can I get child support and legal custody agreement
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
New Jersey
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
Santo Artusa Jr.'s answer
Yes you can have an agreement. However, you should go through the proper court channels to easily enforce the agreement despite your legal status.
Sincerely,
Santo V. Artusa.
Artusa Law Firm.
Yes you can have an agreement. However, you should go through the proper court channels to easily enforce the agreement despite your legal status.
Sincerely,
Santo V. Artusa.
Artusa Law Firm.
Q: The father of my children and I have lived together for 17 years. The house is in his name.
2 Answers
| Asked
in
Family Law, Child Support and Small Claims
for
New Jersey
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Leonard R. Boyer's answer
This case is going to be very complex and it could get very expensive fairly fast. You need to retain experienced mortgage foreclosure defense and matrimonial counsel. Only a mortgage foreclosure and matrimonial attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation with an experienced mortgage foreclosure defense and matrimonial...
This case is going to be very complex and it could get very expensive fairly fast. You need to retain experienced mortgage foreclosure defense and matrimonial counsel. Only a mortgage foreclosure and matrimonial attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation with an experienced mortgage foreclosure defense and matrimonial...
Q: I work 24 hours per week at 11.75. The judge added 16 hours to my income at 8.50 stating I have to be employed fulltime.
Leonard R. Boyer's answer
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ Legal Services, and they can make a motion for reconsideration, if the facts justify it. If you cannot afford an attorney contact local law school legal clinics.
Yes, it is legal for a Judge to impute income at minimum wage or higher to someone who is not working full-time, unless there is a legitimate justification for the person not working full time. For example, some one who has to spend time taking care of a "special need" child. You may qualify for NJ Legal Services, and they can make a motion for reconsideration, if the facts justify it. If you cannot afford an attorney contact local law school legal clinics.
Q: Are most judges willing to approve changing a childs last name if the father is absent from their life
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
New Jersey
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Leonard R. Boyer's answer
Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but 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 will could get slaughtered (figuratively speaking). Do...
Every situation is different and your case like all the others is fact sensitive. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but 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 will could get slaughtered (figuratively speaking). Do...
Q: my ex and I were Married and had our daughter in New Jersey . Transferred to Florida when she was 18 mon old . Got
2 Answers
| Asked
in
Divorce, Family Law, Child Support and Juvenile Law
for
New Jersey
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then your child's support in new jersey begin. is this the case ? if yes then the law of new jersey will be applied here. if no then tell me about it.
two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then your child's support in new jersey begin. is this the case ? if yes then the law of new jersey will be applied here. if no then tell me about it.
Q: Can I legally move out and live with an 18 yr old or older without parental consent at age 16?
1 Answer
| Asked
in
Child Custody, Family Law and Juvenile Law
for
New Jersey
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Leonard R. Boyer's answer
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.
No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.
Q: If I can't afford to live in the state of New Jersey can I relocate back home with my son if we lived there 4 yrs ago?
Leonard R. Boyer's answer
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a...
You cannot move without a Court Order granting you permission to do so. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it was established that trial judges should now simply determine whether a...
Q: What is my recourse when my ex wife takes my minor child out of the country with out my consent which is in our PSA
Adam Brown's answer
The court can go to the police and charge him with parental interference. This is a second degree offense if overseas. I would have to know a lot more about the order and PSA to give a truly definitive answer and to advise on best course of action.
You have options here, seek a consultation with an attorney.
The court can go to the police and charge him with parental interference. This is a second degree offense if overseas. I would have to know a lot more about the order and PSA to give a truly definitive answer and to advise on best course of action.
You have options here, seek a consultation with an attorney.
Q: NJ: I have sole legal and physical custody of my 10 yo child, Can I have non custodial parental rights terminated?
1 Answer
| Asked
in
Adoption, Child Custody and Family Law
for
New Jersey
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Bari Weinberger's answer
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your specific case.
Thank you for your question. I can understand how stressful this must be for you. Step-parent adoptions are possible in the State of New Jersey. I would suggest that you and your husband schedule a consult with a family law attorney to go over options and any potential complications to your specific case.
Q: i no longer wish to go to drug therapy ordered by my dyfs worker. the only finding is my positive marijuana test.
2 Answers
| Asked
in
Criminal Law, Family Law, Child Custody and Civil Rights
for
New Jersey
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
H. Scott Aalsberg Esq.'s answer
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.
Best way to fight any legal battle is with an experienced Attorney, however drug testing and therapy is common for these types of cases and you would have to prove how it would effect you differently and in a more adverse way than others that are assigned the same treatment.
Q: My mom was state employee for PERS had life insurance and pension. Is my divorced father entitled to these benefits?
Leonard R. Boyer's answer
Your question can not be answered without more facts and an in person consultation with a document review. Call an experienced attorney today to learn the answers.
Your question can not be answered without more facts and an in person consultation with a document review. Call an experienced attorney today to learn the answers.
Q: I married to a Student Visa girl less a year and now we are getting divorce? is there any alimony involve in this?
1 Answer
| Asked
in
Divorce, Family Law and Immigration Law
for
New Jersey
on
Answered on Dec 27, 2018
Answered on Dec 27, 2018
Leonard R. Boyer's answer
You do not need her signature to obtain a divorce. You just need to retain an experienced matrimonial attorney, who will represent you in this case. There is no issue of spousal support either. As for the immigration aspects, I am fairly certain this was a fraudulent "Green Card" marriage on her part. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap...
You do not need her signature to obtain a divorce. You just need to retain an experienced matrimonial attorney, who will represent you in this case. There is no issue of spousal support either. As for the immigration aspects, I am fairly certain this was a fraudulent "Green Card" marriage on her part. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap...
Q: Can I take my kids from NJ to visit my brother in VA while still married?
Adam Brown's answer
There is presently no court order likely in place. Generally you cannot kidnap your own kids. When there is a court order, you could be charged with parental interference. Filing for divorce is wise, temporarily visiting your brother should be possible. However, to visit your brother without disruption, I recommend hiring counsel to draft some sort of certification for assurance of your return. Otherwise, I would recommend counsel to make some sort of parenting-time plan during the pendency of...
There is presently no court order likely in place. Generally you cannot kidnap your own kids. When there is a court order, you could be charged with parental interference. Filing for divorce is wise, temporarily visiting your brother should be possible. However, to visit your brother without disruption, I recommend hiring counsel to draft some sort of certification for assurance of your return. Otherwise, I would recommend counsel to make some sort of parenting-time plan during the pendency of...
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