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New Jersey Family Law Questions & Answers
5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 28, 2021

Yes you can hire a lawyer. If your case is in family court hire a family lawyer, if your case is in municipal or criminal court I suggest hiring a good criminal lawyer.

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1 Answer | Asked in Criminal Law, Family Law, Adoption and Municipal Law for New Jersey on
Q: Can law enforcement question an 18 yr old if they're legally disabled and mentally half their age?

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 »

Richard Diamond
Richard Diamond answered on Apr 24, 2021

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.

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: In the state of New Jersey I pay child support but can’t offord it

I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why

Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

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 »

2 Answers | Asked in Family Law for New Jersey on
Q: I called my daughter like I do everyday come to my out my wife left the state of New Jersey with permission a call nothi
Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

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 »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: Why did I receive a letter from child support when I didn't apply?

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 »

Richard Diamond
Richard Diamond answered on Apr 22, 2021

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 »

2 Answers | Asked in Family Law for New Jersey on
Q: NJ jurisdiction vs Fla jurisdiction. No one will address Family Law issues on divorce and custody

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 »

Richard Diamond
Richard Diamond answered on Apr 21, 2021

There are several questions presented and we have dealt with this issue on a number of occasions over the course of years.

1. At the time that father filed for divorce, if he was a resident of Florida for at least a year, he had the right to file for divorce in Florida even if your niece...
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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Hey if you sent a lawyer money for a immigration case but he not yet start and you have not sent no documents also can

Get you money back ? He also a family lawyer and I really want to use the money for a family case now cause it more urgent than the immigration case

Richard Diamond
Richard Diamond answered on Apr 16, 2021

Best way to know - is to ask him. I dont know what the terms of your retainer agreement with him were but if he has not started work on your matter, you should be able to get your money back from him.

2 Answers | Asked in Family Law and Social Security for New Jersey on
Q: Can my parents kick me out at 17 if I have aspergers and they use me for income

I’m 17

Richard Diamond
Richard Diamond answered on Mar 29, 2021

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 »

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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: If a springing general durable power of attorney and a general durable power of attorney were signed at the same time.

Which poa should be followed

Richard Diamond
Richard Diamond answered on Mar 25, 2021

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 »

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: In order to have somebody legally incapacitated, does a physicians exam need to be done for that specific reason?

Can a physician use an exam from 7 months ago, that was performed for another purpose, to declare somebody incapacitated

Richard Diamond
Richard Diamond answered on Mar 19, 2021

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 »

1 Answer | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: What are my options for using the red flag law in nj against my husband? He has been using drugs, and making suicidal

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 »

Richard Diamond
Richard Diamond answered on Mar 17, 2021

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 »

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Looking to prepare a response to motion for enforcement of litigants rights.

Looking for any advice and insight on response to motion: any advice on content, format, links to helpful sites, etc.

Richard Diamond
Richard Diamond answered on Mar 15, 2021

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 »

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2 Answers | Asked in Family Law for New Jersey on
Q: What do I need to know about getting a legal name change?
Richard Diamond
Richard Diamond answered on Mar 2, 2021

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 »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: children are covered through the state by the mother for health. Will the medical support notice be sent to my employer?

We had a mutual agreement she would

Get them covered through state but order states I’m responsible does the child support agency look

Up

If they are covered before they send out notice?

Richard Diamond
Richard Diamond answered on Feb 15, 2021

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 »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

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 »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

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 »

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3 Answers | Asked in Family Law for New Jersey on
Q: I had a 3-month return date for a pro se motion I filed in family. I amended it once and need to again. Is that doable?

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 »

Bari Weinberger
Bari Weinberger answered on Jan 29, 2021

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 »

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2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I am seeking legal council regarding a complaint filed against me for child abuse which involves vawa act application

My ex is seeking a green card through filing a child abuse case against me. I am seeking legal counseling

Richard Diamond
Richard Diamond answered on Jan 27, 2021

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 »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Pro se waived rights to marital property-Can that be reconsidered since the house was sold?
Andrew John Economos
Andrew John Economos answered on Jan 13, 2021

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 »

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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: can someone please provide me with recent case of J.N. v. S.B. in regard to vacating a restraining order

or refer me to where I can find it. I need to have a restraining order lifted for work

Leonard R. Boyer
Leonard R. Boyer answered on Dec 18, 2020

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 »

2 Answers | Asked in Family Law for New Jersey on
Q: Can a mother keep a child away from a non biological male that was put on a birth certificate for insurance reasons.

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 »

Richard Diamond
Richard Diamond answered on Dec 21, 2020

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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