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 »
If you have a written lease, you may remain in the residence until the maturity date stated in the lease. If you are a tenant for a term up to a year. You may remain the premises until the renewal date. If you are month to month, the owner may obtain possession if the landlord follows statutory...Read more »
This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement...Read more »
I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »
I would never advise any client, ever to set up a Sub-Chapter S corporation. It offers no benefit to anyone other than the accountant who probably set it up for you. You need to have a strategy session with an experienced Bankruptcy attorney. You are not going to be able to purchase a new house at...Read more »
Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »
My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... Read more »
The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,
She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still...Read more »
The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.
The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a...Read more »
To add - I am currently on a month-to-month lease while actively searching for a new home to purchase (first time). I have been "reasonable" with my landlord in showing the unit, but I feel that they are intruding more than is absolutely essential. What are my rights in this situation?
All leases in NJ whether written or oral, are deemed to have included the right of the tenant to quiet enjoyment. This means, among other things, that no one has a right to enter your premises without your permission. The exception to this is the right of the landlord to enter in case of an...Read more »
You are entitled to quiet enjoyment of the premises. The use of marijuana in the premises is a violation of your lease. The landlord needs to take action to ensure that you have quiet enjoyment of your premises. Pursuant to the memorandum of the Administrative Office of the Courts in July, 2020,...Read more »
We have a month-to-month rental agreement and have been looking around, but there are no apartments or homes available within 15 miles for a rental. We have 2 teens in High School + a Special Needs child in Elementary.
We literally have nowhere to go without leaving the area and causing... Read more »
Presently, there is a stay of evictions signed by Governor Murphy under Executive Order 106 on March 19, 2020 as a result of the pandemic. The stay of evictions was recently extended by Governor Murphy and also by the federal government under the Biden administration. The CDC guidelines reference...Read more »
my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... Read more »
I am still in the process of trying to find somewhere for my family to move to but it isn’t easy trying to find somewhere to rent right now. Can a landlord who sold the property give you a notice to quit and still kick you out after 60 days right now?
Do did not indicate if you had a written lease. If there is a written lease, the terms of the lease control. If no written lease, the Landlord must conform to NJ statutes concerning eviction. The Landlord can not resort to self help. He must follow the procedures set out in detail in the statutes....Read more »
No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.
Present the Landlord with a written demand for proactive steps for Covid 19 protection. Include in the demand a list of specific deficiencies. Set a reasonable dates for commencement and completion of the required repairs which must be done by licensed contractors. If the Landlord refuses, you have...Read more »
Self help by a Landlord to cause an eviction of tenants is not permissible in NJ. In order to evict a tenant. a Landlord must follow the requirements specifically set forth in New Jersey statutes. To evict a tenant , the Landlord must file a complaint in court.
He did Not quarantine, and said he got a 24hr test done at a place I know does not offer that service. Only 2-4 days due to it being a public testing facility. Also a few people also became ill immediately after his arrival.
You can sue anyone, but can you prove that you got covid from him and not someone else such as when you wen to the supermarket for food. This would be the defense your employer would probably assert. Not that you shouldn't try and you may also be entitled to workers compensation insurance....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 »
I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide...Read more »
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.