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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Flavio Van Boekel
Flavio Van Boekel
answered on Mar 29, 2024

If your agreement is silent as when Alimony should end and your ex-wife has remarried, you should retain an experienced attorney to file a notice of Motion to terminate alimony. Remarriage is one of the legal grounds for termination of alimony unless an agreement or order states otherwise. In your... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Leonard R. Boyer
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answered on Mar 29, 2024

You need to retain an experienced matrimonial attorney to bring a motion for termination of spousal support and credit for any overpayment. Spousal support can be from the day that they first began cohabitation. With modern technology there are no geographic boundaries on obtaining the best... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Richard Diamond
Richard Diamond
answered on Apr 1, 2024

I have been a divorce lawyer for the past 38 years and I dont think I have ever had someone say that they voluntarily have paid alimony for the past 10 years with no writing in place and even after the other spouse remarried. I presume you have been making all of your payments directly and not... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: my sister got a ticket for no insurance card ticket in bayonne NJ, when she was just late to show the card.

Good Afternoon

My sister was visiting me from Philly and got a ticket in Bayonne, NJ while driving my car. she was dropping me off at the train station and while heading back to home in bayonne she missed a red light which was not obvious at a corner on avenue C and cop who a guy gave her... View More

Louis A Casadia
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answered on Mar 26, 2024

So this ticket is not for the car not having insurance, but for the driver being unable to display insurance information at the time of the stop. Therefore it is not so clean cut. An attorney can always help make sure you are not being taken advantage of in traffic Court. If their is a way to get... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: 2A:18-57, who is the "person in possession" referring to, and what are they entitled to during the removal process?

I want to know if the claimant or officer of the court is required to assist in any form of repaying or assistance to the person(s) being removed from the property according to the Relocation Assistance Law?

James L. Arrasmith
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answered on Mar 26, 2024

Under New Jersey law, specifically 2A:18-57, the "person in possession" typically refers to the tenant or occupant currently residing in or holding possession of a property. During the removal process, this individual is typically the one being asked to leave the premises.

If the...
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1 Answer | Asked in Social Security, Tax Law and Gov & Administrative Law for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

James L. Arrasmith
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answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I have been living in point pleasant beach NJ for 8 years now but I am going through eviction from my male friend family

I need a lawyer to help with my situation here

James L. Arrasmith
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answered on Mar 26, 2024

If you are facing eviction in Point Pleasant Beach, NJ, it's important to seek legal assistance promptly. Lawyers with experience in tenant law can provide guidance and represent your interests. They can help you understand your rights, the eviction process, and any potential defenses you... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

James L. Arrasmith
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answered on Mar 24, 2024

If you're facing false obstruction charges, your first step should be to consult with a lawyer experienced in criminal defense. They can offer legal advice specific to your situation, help you understand your rights, and work towards having the charges dismissed. It’s important to gather any... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

Louis A Casadia
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answered on Mar 23, 2024

Their is no way for you to resolve this without a litigation process. You need to get representation. You need counsel to review the police reports and any officer body camera to see if the officer had any cause to investigate you under the law and to examine your legal defenses in court for... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What can I do for a false obstruction charge?

I was sitting at a burger king parking lot when I was unaware the restaurant was closed. An officer came up to me and asked me questions which I answered before requesting my id. I was charged with obstruction after asking questions about if I had committed a crime (he didnt state a crime) and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2024

Your only obstructing law enforcement in general if they were investigating a crime or had a reasonable suspicion that you were involved in a crime. Others reasons may exist such as the community care taker function, but everything is fact dependent. I would definately speak with a lawyer, they... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New Jersey on
Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

James L. Arrasmith
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answered on Mar 23, 2024

If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: How long do they have to go through the evidence collected from a house raided in NJ and turn it in to my attorney.

12 counts criminal charges drugs and weapons they claim 82 weapons and distribution of drugs Xanax and Valium

I wasn't selling it, ordered online from South Africa and I have a ATF license FFL and am a Ham radios operator.

Graves Act charged 1st time offence ever it was the... View More

Louis A Casadia
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answered on Mar 23, 2024

The State is not obligated to turn over evidence to the Defense until the matter is indicted. If they charge you on a Summons then they do not have a set time limit on when they have to indict the case. If they charge you on a Warrant and move to detain you at a Detention Hearing the defense is... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: how long in New Jersey do they have to create the return of warrant I was arrested 27th of Feb. Graves Act wavier poss?

1st offense

Will I ever see the light of day again 12 counts criminal charges drugs and weapons

I'm a gun collector, Ham radios operator,and had license for everything.

I wasn’t selling the drugs I wasn’t selling guns I collect everything the drugs are for my own... View More

Louis A Casadia
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answered on Mar 23, 2024

Impossible to answer this without more information. You need an experienced attorney who has handled Firearm and narcotics cases before. With drugs involved it will be difficult to obtain a Graves waiver, but you need an Attorney who can evaluate the States evidence and make sure they charged the... View More

2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: Hello, Should I accept a settlement check from Wells Fargo class action suit or am I entitled to more than the offer

Wells Fargo is willing to settle with me for 1,300$ Should I take their offer or am I entitled to more. I have no record of this account or how much money was actually in it.

James L. Arrasmith
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answered on Mar 25, 2024

Deciding whether to accept a settlement check from Wells Fargo requires careful consideration. First, review the details of the class action suit and how your specific circumstances align with the case's parameters. Without records of the account or the amount involved, it's challenging... View More

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2 Answers | Asked in Tax Law for New Jersey on
Q: Non relative Canadian Citizen wants to gift funds for my son college tuition. Are there tax implications on our end

My son is a US citizen. Do we pay any taxes on our end. Probably around 40k gifted.

James L. Arrasmith
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answered on Mar 22, 2024

When a non-relative Canadian citizen gifts funds for your son's college tuition, and your son is a US citizen, the tax implications primarily concern the donor, not the recipient. In the United States, gift recipients do not generally have to pay taxes on gifts received, no matter the amount... View More

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1 Answer | Asked in Divorce, Child Support and Family Law for New Jersey on
Q: What do I do if my lawyer unresponsive and has not helped me in two years with a simple divorce case

My husband left and served me divorce papers in Oct. 2021- my was 16 at the time and now 18 and in college - I have not received any child support or aid for my daughters college - my lawyer claims to file a motion but court said they never received - I am suffering financially because of the... View More

Richard Diamond
Richard Diamond
answered on Mar 22, 2024

My suggestion is that you need to schedule a consultation with another divorce lawyer. I dont know what occurred between you and your current lawyer but obviously there is an issue. If you want, write to the lawyer and ask him if he can schedule 10 minutes to update you on the current status of... View More

1 Answer | Asked in Business Law for New Jersey on
Q: I have decided to dissolve my partnership in LLC with 50/50 partner in NJ. What do i need to do to do?

I am in a LLC 50/50 partnership. I would like to give my 50% to my partner as I no longer want to be part of our business. We have an operating agreement and have agreed that I will be leaving. I need to know what steps to take to make sure I am completely out of the business.

Leonard R. Boyer
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answered on Mar 21, 2024

Without reading the operating agreement and reviewing all relevant corporate documents, it is impossible to provide a meaningful answer. You should expect to pay for 1/2 to 1 hour of attorney time to review all the documents and advise you on the best way to proceed. Pick the best attorney you can... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New Jersey on
Q: Can you buy airsoft guns in New Jersey? I have found some places that say you can’t, and they are classified as guns.

I am talking about airsoft guns that shoot plastic BBs not metal BBs. Amazon refuses to ship airsoft guns to NJ and some places say they are classified as firearms. I can’t get a straight answer anywhere.

James L. Arrasmith
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answered on Mar 19, 2024

In New Jersey, the laws surrounding airsoft guns are quite strict due to their classification under firearms regulations. Here's what you need to know:

Firstly, while airsoft guns are not banned, there are specific rules for their purchase and use. You must be at least 18 years old to...
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2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

James L. Arrasmith
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answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

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