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New Jersey Family Law Recent Legal Answers from Lawyers

New Jersey Family Law Recent Legal Answers from Lawyers

EX not following MSA terms.

Answered 3 days ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question. I truly understand your concern. As to your inquiry about the medical bills, the short answer is that you will likely still be responsible for your share as detailed in your MSA. The answer is not quite so clear in the case of the college contribution, as there is case law in New Jersey that sets forth several factors for the Court to consider when faced with a decision as to whether to require one parent to contribute to college. One of those factors is whether the parent being asked to contribute has been included in the decision making process with regard to college selection, and it seems that you have not been. Every situation is different, and a more thorough discussion of your particular circumstances would enable us to provide a more specific answer to your questions. Therefore, I strongly suggest that you schedule a consultation with an experienced family law attorney who can discuss your situation more with you and provide you additional guidance.... Read More
Thank you for your question. I truly understand your concern. As to your inquiry about the medical bills, the short answer is that you will likely... Read More
Generally, your former wife must prove changed circumstances to do this. If you and she earn about the same as in 2016, she probably can't prove that based on the information you have provided. Edward Zohn, Attorney at Law, 908.791.0312
Generally, your former wife must prove changed circumstances to do this. If you and she earn about the same as in 2016, she probably can't prove that... Read More
Thank you for your question. I am sorry it involves such unfortunate circumstances.  You do need to make formal application, by way of the filing of a Complaint (the word “Complaint” is simply a legal term; you are not of course accusing anybody of any wrong doing) in the county court wherein you reside.  You do need to attempt to serve the biological father of the intent to change the name.  If he is served with the Complaint and does not choose to oppose the application (likely, considering his non-involvement) the matter will be treated as an “uncontested matter” and the name change is merely procedural in nature.  If he does oppose it, there is still a very good chance of prevailing , again based upon his non-involvement and because he has chosen not to maintain a relationship with his child.  I suggest you schedule a complimentary consultation so as to more fully address this issue.... Read More
Thank you for your question. I am sorry it involves such unfortunate circumstances.  You do need to make formal application, by way of the... Read More
Thank you for your question. Since the divorce is still pending it is imperative that you address these concerns in any agreement that may be entered. While it may difficult to determine if she remarries, there may be means to address your concerns in the future. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read More
Thank you for your question. Since the divorce is still pending it is imperative that you address these concerns in any agreement that may be... Read More

Can my husband snatch my daughter?

Answered 7 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question.No, your husband cannot just snatch your daughter.  He will have to make an application with the Court requesting custody.  I strongly encourage you to schedule a consultation with an experienced family law attorney to discuss your rights. I hope this information was helpful to you.... Read More
Thank you for your question.No, your husband cannot just snatch your daughter.  He will have to make an application with the Court requesting... Read More

Relocation of a child

Answered 7 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question.In New Jersey, if you wish to relocate, you must have the consent of your child’s father or have a Court order permitting you to do so.  If you cannot locate your child’s father, you may need to file an application with the Court in order to do so.  In order to prevail on a relocation matter, you must show that the move is in the best interest of your children.  Some factors that are considered when determining whether you can relocate with your sons include the parties’ ability to agree, communicate and cooperate in matters relating to the children, the interaction and relationship of the children with their parents or siblings, the stability of the home environment, the geographical proximity of the parents’ home, etc.  I suggest that you meet with an experienced family law attorney to discuss strategy for your matter.  Relocation cases can be complexed as Courts are reluctant to allow a custodial parent to move out of state; however, every case is different and depends on your supporting facts.   I hope this information was helpful to you.... Read More
Thank you for your question.In New Jersey, if you wish to relocate, you must have the consent of your child’s father or have a Court order... Read More
Somebody who understands both. A prosecution in a municipal court is a separate issue from a restraining order proceeding in Family Court. You may have one or both of these proceedings occurring in parallel. Edward Zohn, Attorney at Law, 908.791.0312
Somebody who understands both. A prosecution in a municipal court is a separate issue from a restraining order proceeding in Family Court. You may... Read More

Married for 5 1/2 years

Answered 7 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question.There are many factors to consider when determining whether an award of alimony is warranted, and if warranted, the duration and amount of same.  The duration of the marriage and your financial circumstances are only two factors.  You may be able to negotiate the retroactive support that you provided; however, I will not be able to give you a more definitive answer without knowing more about your case.  For example, what is the need for alimony? What was the standard of living established during your marriage?  These are just a few more factors that are used when determining alimony.  I strongly encourage you to schedule a consultation with an experienced family law attorney. I hope this information was helpful to you.... Read More
Thank you for your question.There are many factors to consider when determining whether an award of alimony is warranted, and if warranted, the... Read More

How do I start a case of emancipation as a minor?

Answered 7 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question. In New Jersey, emancipation is very fact-sensitive, but the essential inquiry is whether the child has moved beyond the sphere of influence from his or her parents or guardians.  The child must obtain an independent status of their own.  You would have to prove that you no longer need financial support from your parents or guardians.  In your case, based upon the fact that you are receiving support from another family might impede your goal of emancipation because it means that you cannot support yourself on your own.  I suggest that you contact an experienced attorney who can analyze your situation and give you advise on how to protect your rights.  I hope this information was helpful to you.... Read More
Thank you for your question. In New Jersey, emancipation is very fact-sensitive, but the essential inquiry is whether the child has moved beyond the... Read More
You can try to get a court order restricting contact between your daughter and your former's husband's GF. Your former husband doesn't have an absolute "right" to invite his GF to the parenting time. Regards, Edward Zohn, Attorney at Law, 908.791.0312  
You can try to get a court order restricting contact between your daughter and your former's husband's GF. Your former husband doesn't have an... Read More

when the divorce notice period will start for respondent?

Answered 8 months ago by attorney Edward J. Zohn   |   1 Answer   |  Legal Topics: Family Law
You have 35 days to answer the complaint from the actual and provable date of service. Your question does not indicate the date of actual service of the "filed" complaint. Edward Zohn, Attorney at Law, 908.791.0312
You have 35 days to answer the complaint from the actual and provable date of service. Your question does not indicate the date of actual service of... Read More
Thank you for your question.  You would need to file an application with the Court in order to establish child support.  Although your children are 20 and in college, child support is warranted as they are still considered unemancipated.  Additionally, if your Agreement provides that he must cover medical insurance, and he hasn’t, you can file an application to enforce same to hold him accountable.  I suggest that you meet with an experienced family law attorney who can assess your matter and better advise on how you can protect your rights.I hope this information was helpful to you.... Read More
Thank you for your question.  You would need to file an application with the Court in order to establish child support.  Although your... Read More

Child custody affordable lawyer

Answered 9 months ago by attorney Elena Weitz, Esq.   |   1 Answer   |  Legal Topics: Family Law
You should file a motion to get a court order to establish your parenting time and contact time with your daughter, as well as obtain all contact information for the mother.  You should consider consulting with an experienced family law attorney to discuss the details of your case and file the motion on your behalf. ... Read More
You should file a motion to get a court order to establish your parenting time and contact time with your daughter, as well as obtain all contact... Read More

Can I have my judge recuse himself?

Answered 9 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Family Law
Thank you for your question.  I know how worried you must be about your custody case and having the Judge recused in your case.  The short answer is possibly.  All cases in New Jersey are to be heard by an unbiased Judge.  Judges are to avoid even the appearance of impropriety.  You should immediately ask the Judge to recuse him/herself from your case for the reasons you articulated.   I hope this information was helpful to you.... Read More
Thank you for your question.  I know how worried you must be about your custody case and having the Judge recused in your case.  The short... Read More
Thank you for your question.  I know how worried you must be about your safety and transferring guardianship to your friend’s parents.  The short answer is to immediately contact the New Jersey Child Support Hotline at 1-877 NJ ABUSE.  You should also immediately contact your school guidance counselor and any other trusted adult, such as teachers, doctors, etc. and report the abuse from your father.  The Division of Child Protection and Permanency is the ONLY agency in the State of New Jersey authorized to investigate allegations of abuse and neglect.  Unless a 16 year old is deemed “emancipated” and capable of self-support, he/she has no independent standing before the Court.  However the Division of Child Protection and Permanency can and will advocate on your behalf so please do NOT stop reporting the abuse! I hope this information was helpful to you.... Read More
Thank you for your question.  I know how worried you must be about your safety and transferring guardianship to your friend’s... Read More

Retroactive Child Support

Answered 11 months ago by attorney William J. Rempel   |   1 Answer   |  Legal Topics: Family Law
BAckdated or retroactive child support is not allowable in New Jersey but for one exception which does not apply to your situation.
BAckdated or retroactive child support is not allowable in New Jersey but for one exception which does not apply to your situation.
Hi Joe, I'm not clear on what your question is.  Are you trying to find out how you verify if you are properly named the beneficiary on the insurance and pension?  If you can please clarify your question, I can try to help.
Hi Joe, I'm not clear on what your question is.  Are you trying to find out how you verify if you are properly named the beneficiary on the... Read More
Thank you for your question. I am happy to assist. As part of a divorce, the issue of attorney’s fees can be addressed and part of any agreement or determination that the Court makes. Generally, this is a final determination on the allocation of fees associated with the divorce. If you are required to go back to Court for a number of reasons, you can always seek fees that are incurred as a result. If the divorce is final and a determination of fees has been made that is final and your only recourse to ask for additional fees to be paid would be filing an appeal. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. I hope this information was helpful to you.... Read More
Thank you for your question. I am happy to assist. As part of a divorce, the issue of attorney’s fees can be addressed and part of any... Read More

NEED LAW ADVICE ON SITUATION

Answered a year ago by attorney Bari Zell Weinberger   |   2 Answers   |  Legal Topics: Family Law
Thank you for your question.  I know how worried you must be about  your custody and parenting time rights.  The short answer is possibly.   Specifically, did DCPP put a safety plan into effect that prohibited contact between you and your child during the investigation?  Even though the court previously entered a custody and parenting time order, all orders involving children are subject to modification upon a showing of a substantial change in circumstances.  Ultimately, the Court must weigh all factors before the Court would determine whether to modify the order in place.  It is important to protect your interests and have  an experienced family law lawyer advocate for your interests .  An experienced family law attorney will help ensure that the current court order is enforced so that you and your child are able to enjoy a close and loving relationship.    I hope this information was helpful to you.... Read More
Thank you for your question.  I know how worried you must be about  your custody and parenting time rights.  The short answer is... Read More
Please consult with an experienced family attorney as soon as possible. Bring all of the orders and paperwork to the consultation. 
Please consult with an experienced family attorney as soon as possible. Bring all of the orders and paperwork to the consultation. 
Ns
Yes, you will have to negotiate it again, if she does not agree, include that as part of a court order.
Yes, you will have to negotiate it again, if she does not agree, include that as part of a court order.

what can i do about this?

Answered a year ago by attorney NA [email protected]   |   1 Answer   |  Legal Topics: Family Law
Ns
Hey Michelle, you should hire a lawyer to process a modification n custody order and also ask that the child father finds another place to live. He can start paying child support to help you out as well so that he is not only spending and wasting money on his stuff. Please consult with a lawyer regarding your options. We have licensed attorneys in NJ. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NJ.... Read More
Hey Michelle, you should hire a lawyer to process a modification n custody order and also ask that the child father finds another place to live. He... Read More

Can I send a message through here to a particular attorney?

Answered a year ago by attorney NA [email protected]   |   1 Answer   |  Legal Topics: Family Law
Ns
You can ask questions like you did and an attorney will provide an answer to your questions. You can contact an attorney by clicking on the attorney contact information.
You can ask questions like you did and an attorney will provide an answer to your questions. You can contact an attorney by clicking on the attorney... Read More

Wanting paternity for deceased brothers so called child

Answered a year ago by attorney NA [email protected]   |   1 Answer   |  Legal Topics: Family Law
Ns
This is a very complex situation to be in. I agree $800 per kid is a lot of money. With technology advancing there are home kits available that can conduct DNA testing for as low as $100. It might not be 100% accurate but to some extent, the accuracy level is trusted by millions of users and I recommend to many of my low-income clients when settlement outside of court is a possibility. I would recommend you hire an attorney, a competent and aggressive attorney. We are based in New York but do have a New Jersey licensed attorney that can assist you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in New Jersey. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New Jersey.... Read More
This is a very complex situation to be in. I agree $800 per kid is a lot of money. With technology advancing there are home kits available that can... Read More

Can a lawyer stand in for me at small claims court?

Answered a year and a month ago by attorney NA [email protected]   |   1 Answer   |  Legal Topics: Family Law
Ns
Even if it is cheaper to go in on a flight and by yourself, you should be best represented by an attorney. If you hire our NJ licensed attorney, you might not have to appear in person and the attorney can go on your behalf since you are out of state. If someone is suing you then that is a serious litigation matter depending on its amount. How small is the claim, and do you agree or disagree? It's better to settle small claims outside of court because even for small claims, an attorney might charge as low as $450 per court appearance or etc. Please call to discuss more details about the case so we can give you an affordable rate. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More
Even if it is cheaper to go in on a flight and by yourself, you should be best represented by an attorney. If you hire our NJ licensed attorney, you... Read More