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New Jersey Family Law Questions & Answers

2 Answers | Asked in Divorce, Family Law and Child Support for New Jersey on

Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

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1 Answer | Asked in Family Law for New Jersey on

Q: how do i move with my dad away from my abusive mother

Teresa L. Reichek answered on Jun 4, 2019

Until and unless there is a previous court order stating otherwise, your parents share legal and physical custody of any minor children they have in common. There is nothing stopping you and your dad from moving out. If you or your father ever feel that you are in danger from your mother do not... Read more »

1 Answer | Asked in Family Law, Personal Injury and Animal / Dog Law for New Jersey on

Q: Are we legally responsible to pay for our dog attacking a neighbor's cat in our yard?

My son and his wife were staying with us. My son left for the opposite coast and left his dog. My husband walked the dog in our yard and it attacked our neighbor's cat which was in our yard. My husband got the neighbor who took the cat to the vet. She demanded that we get the dog out of the... Read more »

Karra Kingston answered on May 2, 2019

It’s hard to answer without more facts. I would advise speaking with an attorney

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on

Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?

It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?

Brian Winters answered on Apr 24, 2019

No, there’s anti-retroactivity statute

1 Answer | Asked in Estate Planning, Family Law and Contracts for New Jersey on

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

I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... Read more »

Noel Rivers answered on Apr 15, 2019

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.

1 Answer | Asked in Family Law and Child Custody for New Jersey on

Q: Do I need to be specific when asking for evidence from opposing attorney?

I live in New Jersey and as of now I'm representing myself in a child custody case. I know I'm allowed to ask the opposing parties attorney for evidence but he also told me I needed to send him a letter in the mail requesting the evidence and told me to be specific on what I'm asking for...would... Read more »

Adam Brown answered on Apr 14, 2019

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...
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1 Answer | Asked in Family Law for New Jersey on

Q: my husband has an affair. I want separate with him . We have 2 girls (15,12 years) . I am not working . Green card.

He is harassing me. What should I do

Leonard R. Boyer answered on Mar 24, 2019

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.

1 Answer | Asked in Family Law for New Jersey on

Q: What can my friend do if she falsified info to her case worker?

My friend has a court order that she isnt allowed to be alone with her kids. So when her case worker went to her home she stated that I was the one going to her house at night supervising her with the kids. This is not the case. The caseworker has been trying to contact me to verify I was there but... Read more »

Leonard R. Boyer answered on Mar 17, 2019

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... Read more »

1 Answer | Asked in Family Law for New Jersey on

Q: What are the legal consequences for lying to a social worker?

My friend was reported to social services because she left her son home alone and because she left one day last year and didnt come back to the next morning so out of concern her boyfriend went to court to file for emergency custody. When she went to court the judge told her she wasn't allowed to... Read more »

Leonard R. Boyer answered on Mar 17, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Family Law for New Jersey on

Q: I recently got the TPO dismissed. Does that mean I could get the summons dismissed too? I never committed a crime before

I received a complaint summons stating I have to appear at court. The charge is a Petty Disorderly offense. 2:c:33-4a New Jersey. TPO was dismissed already stating that the offense was not upheld.

H. Scott Aalsberg Esq. answered on Feb 28, 2019

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,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: Hi, I need consultation, can I get child support and legal custody agreement

we both are undocumented alien

we don't have legal agreement about child support just verbal agreement,but his father not fallow verbal agreements.

we don't have agreement about child support.

most of the time my son live with me (5 days /week with me ,2 days/week with his... Read more »

Santo Artusa Jr. answered on Feb 28, 2019

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.

2 Answers | Asked in Family Law, Child Support and Small Claims for New Jersey on

Q: The father of my children and I have lived together for 17 years. The house is in his name.

I have been a stay at home mother for going on 10 years. He financially took care of me and the children for those years. We are not married and Nj doesn’t aknowledge common law marriage. I put my inheritance into the down payment for the home. I took care of his mother, the multi family home,... Read more »

Leonard R. Boyer answered on Feb 22, 2019

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... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on

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.

Is this legal? Because now it shows almost double what I'm making and my child support was cut in half.

Leonard R. Boyer answered on Feb 9, 2019

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on

Q: Are most judges willing to approve changing a childs last name if the father is absent from their life

Also with a lawyers help is there anything that can be done to collect back child support? Bench warrants keep getting issued and he then gets out with no jail time or without paying any money to me. Over $20,000 is owed in back child support in just over 2 years.

Leonard R. Boyer answered on Jan 30, 2019

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... Read more »

2 Answers | Asked in Divorce, Family Law, Child Support and Juvenile Law for New Jersey on

Q: my ex and I were Married and had our daughter in New Jersey . Transferred to Florida when she was 18 mon old . Got

Divored in Florida. My daughter and I moved back to NJ . Her Child support ends at 18 and it doesn’t mention helping pay for collage . Florida law says they don’t have to help wirh collage But Jersey law says they do . How do I get it changed so he is required to help with collage

Arnab Kumar Banerjee answered on Jan 29, 2019

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... Read more »

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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for New Jersey on

Q: Can I legally move out and live with an 18 yr old or older without parental consent at age 16?

Leonard R. Boyer answered on Jan 19, 2019

No, you are not emancipated. You could have significant legal problems if you try to do so, as could the 18 year old.

1 Answer | Asked in Family Law and Child Custody for New Jersey on

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?

Ex husband doesn't consent to me moving back home but I explained to him I have no help here and I can't afford to live here with my three boys I don't even get paid this states child support .

Leonard R. Boyer answered on Jan 12, 2019

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... Read more »

3 Answers | Asked in Family Law for New Jersey on

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 answered on Jan 4, 2019

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...
Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on

Q: NJ: I have sole legal and physical custody of my 10 yo child, Can I have non custodial parental rights terminated?

Ex pays child support but has had no contact in 3 yrs. Very minimal contact the 5 years prior) He is constantly arrested for drugs and driving with out a drivers license. He has had 3 dui's and recently in the last few months he has been caught driving on a suspended license. He is not active in my... Read more »

Bari Weinberger answered on Jan 3, 2019

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... Read more »

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