Especially since they are legally still under a kinship legal guardian because they didnt graduate yet because they have learning disabilities and their legal guardian took them to the police department under false pretenses and did not give consent to be interrogated alone which should mean the... Read more »
The issue is not whether the police can question the individual but whether the information provided to the police as a result of the interrogation is admissible or can be used in a criminal court proceeding.
Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an...Read more »
Thank you for your question. Your question is not clear if the other party left the state temporarily or moved out of state. If she moved out of state permanently without your permission and without a Court Order then you will want to file an Order to Show Cause. That is essentially an emergency...Read more »
I recently received a letter from Child Support giving me a user id and a temporary pin. I am the custodial parent and I didn't request child support. I am the sole person financially responsible for my dependent.
I recently was served with papers regarding custody/visitation. Could... Read more »
Yes. Please also make sure that you file your response to the custody / parenting time request promptly if you object to the custody or parenting time sought by your ex. You cannot simply walk into court and tell the court your objection. Under the court rules, you must file a specific written...Read more »
My niece has 2 children from previous marriage. Ex-husband filed divorce in Florida in 2017. She & children already lived in NJ, but Fla granted divorce & visitation agreement. NO ONE will address matters where ex husband & his attorney keep filing in Fla and demanding she respond, yet... Read more »
Obviously there are serious problems / conflict in your house that needs to be addressed. I would run an internet search on family crisis intervention programs in the county where you live in to find out what mental health services are available to you to help in dealing with the fight taking place...Read more »
A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is...Read more »
I dont know what purpose you are looking to have someone viewed as incompetent or incapacitated, but it sounds like it is either an estate issue or a medical malpractice issue and in either setting, you should meet with a certified specialist by the NJ Supreme Court. When running a google search,...Read more »
My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to... Read more »
1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access...Read more »
So.... your ex has filed an application with the court for enforcement of a prior court order or agreement on an issue involving custody, parenting time, alimony, child support and or related expense items for children, support arrears, college selection or the college costs, or with regard to the...Read more »
Presuming that you are over the age of 18 and presuming that you are not trying to hide from creditors or because of a bankruptcy or criminal prosecution or because of any illegal reason, changing your name is not a difficult process but it does have a number of steps that need to be followed since...Read more »
If you and your ex had an agreement as to coverage for the children but the order entered by the judge hearing the child support issue entered an order requiring you to provide health insurance coverage for the children, then you need to file an application with the court immediately to correct...Read more »
I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »
Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child...Read more »
The first time my ex-wife did something after I filed that needed to be addressed and I left off one Exhibit by accident. Now she has done something serious again and I want to amend once more. How do I write that?
I put in the word 'amended' on the Notice page etc. the first... Read more »
Thank you for your question. What you can do is file a Reply Certification after the wife files her opposition to your motion. This way you can advise the court of her recent acts. The good thing about the Reply Certification is that the other party is not allowed to file a response to it. So...Read more »
The Violence Against Women Reauthorization Act (VAWA) is a federal program that supports comprehensive, and cost-saving responses to domestic violence, sexual assault, dating violence, and stalking. VAWA gives states and communities tools to assist victims based on local and statewide needs and...Read more »
As with many questions, it depends. Are they divorced yet? Is there a divorce agreement specifically stating that pro se unconditionally waived their rights to the house? If the answer to these questions is "yes", then absent a showing of fraud (which is no small task), it should not be...Read more »
The Court in New Jersey does not "lift a restraining order" for someone to work. This case which appears to be an unpublished opinion by the Appellate Division affirmed the Trial Court Order, which denied removal of the restraining order. Statistically speaking the vast majority of...Read more »
My girlfriend was married about 10 years ago. Stayed in the marriage for about a year. Never divorced. She dated 2 years later and got pregnant. The real father doesn't know and left before she knew she was pregnant.. The husband that she never divorced came around, put his name on the birth... Read more »
This is one of those "ouch" type matters with a lot of twists and turns, so its not that simple. At the heart of this matter is a guy who was legally married to your girlfriend at the time of the child's birth - meaning that he is presumed under the statute to be the child's...Read more »
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