Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »
The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »
It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what...Read more »
She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year
It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable...Read more »
I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »
Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion...Read more »
It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are...Read more »
DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.
I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.
Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »
Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a...Read more »
I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »
You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification...Read more »
He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what...Read more »
My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »
Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children...Read more »
He has been threatening me with ridiculous things like turning me into authority for drug dealing and prostitution and tax evasion and unemployment fraud. Said his father was going to sue me for back rent and put an eviction on my record . I had to give back my wedding ring and not allowed to see... Read more »
So sorry to hear you are being treated this way. Yes, you have rights. Suggest you contact a local Family Law attorney or the Legal Aid society about getting a divorce and seeking a temporary restraining order against your spouse, his girlfriend and his father for the harassment. Meanwhile, you...Read more »
We are separated many years already, he moved in with me and my kids from LA, first I agreed to him moving in with us, knowing that he already moved on and accepted that it’s over between me and him, but now i am having trouble living with him, I just want to be free from him legally but I... Read more »
Your county Superior Courthouse will have a family law division where there are judges who specialize in hearing this kind of a case. Before Covid there were offices you could go to for assistance in filing your own documents. The dissolution petition is online and pretty self explanatory. If...Read more »
Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »
You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is...Read more »
I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.
It is unfortunate what you are going through at this time. The first thing you should do is file in Family Court for Spousal support if you haven't done so already and need the support. Unfortunately, the pandemic has made a mess of the court system with cases taking much longer due to...Read more »
Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney...Read more »
Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.
The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place...Read more »
My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.
No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by...Read more »
I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »
This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either...Read more »
I got married to a Russian citizen in Rhode Island. Later we got divorced in Russia, where I still live and work. I want to get married again (this time in Russia), but I'd need to provide Certificate of No Record of Marriage from the US. Is it correct that to get this document I'd have... Read more »
This is the first time I have heard of such a certificated requirement in over 50 years of practice. It is tantamount to proving a negative, which is damned near impossible. It requires examining the universe and concluding such does not exists
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.