New Jersey Recent Legal Answers from Lawyers

OK so most jurisdictions have a law that states that if a ring is given in contemplation of marriage, but the marriage does not occur, then the giver of the gift can get a return of the ring. You need to check with counsel in the state of New Jersey to see how the courts have ruled on this issue.... Read Answer

The contract does have red flags. You should speak with the employer to determine the reasons for the clause and if the reasons apply to you. By way of example, are they moving the employee and family a long distance for this work ? Is there special training ? Ask for examples of how applied. Ed Dimon, Esq. 732-797-1600... Read Answer

The goal is to either get your money back or have the vehicle properly repaired. The goal is to spend the least amount on legal fees. One can sue under the consumer fraud statutes. However, the litigation costs can be substantial. We have started these cases with a different approach whereby we utilize an expert on this field to determine the merits of your case and look for the ability to reach a settlement based upon the insider view of the issues.     Please call to discuss. Ed Dimon, Esq. 732-797-1600... Read Answer

Has the person been charged and convicted and served the sentence for the crime ? If not, the prosecutor in the county where the crime occurred is in control with regard to both the investigation and the prosecution of the charges. You should work closely with the prosecutor's 'victim advocate'. We can gude you through the process if that would be helpful. If the person has been convicted and served time and is now paroled, there are no actions which can be taken by you with regard to the criminal charges. They are conplete. However, you may have options with regard to bringing a civil complaint. When did the crime happen ? What are your goals with regard to the wrongful death action ? Please call to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

Much depends on your lease.  You should have an experienced attorney review your lease to determine your rights. Of course, all leases should contain a "right of quiet enjoyment" provision and thus, you should not be forced to live in such a condition. As for your security deposit, there are stict laws in New Jersey concerning security deposits. A landlord is not permitted to take yoru security deposit under most circumstances. More specifically,  The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit. Cite: N.J.S.A. 46:8-21.1. The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet. Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting. There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. If you end up in court, the judge will not accept a letter from your friend as evidence.   ... Read Answer

Thank you for your question. In the event a resident of the home is an owner of the property they have the right to be there absent some agreement or Court Order preventing the person from being able to reside there. In the event of a divorce, if the property is a marital asset, then there needs to be a resolution on how the spouses’ respective ownership interest in the home should be distributed. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. ... Read Answer

The best way to handle an interim support setting is to agree IN WRITING exactly what amount your "soon to be ex" will be paying you or on your behalf, each month and under what circumstance, if any, you have the right to invade assets subject to division in your divorce. In that writing, it should identify all of the assets subject to division, their account numbers, account balances so that you and he know exactly how much money is available for division in the divorce and if the account is less later on, then either you and he agreed to invade an account for the payment of a specific expense ( ie a root canal at a cost of xx) or the invasion gets charged against you or against him in the division. The agreement should also spell out exactly what he will be paying for on your behalf. As an example, if he is  paying the mortgage of XX, the homes utility services of approximately xx per month, the auto insurance of xx per month, giving you xx per month with payment of the 1st of xx and payment of xx on the 15th of the month.... spell it out so that there is no misunderstandings later as to how much was to be paid, etc. ... Read Answer

I believe that you have misread the form. There is nothing in the law that requires a person like you to be married to a US citizen spouse before filing the N-400 application unless you are attempting to file under the three year instead of five year rule for citizenship. If filing under the five-year rule, you should be able to file for naturalization as long as you are not barred by any of the grounds outlined in the application questions. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You need to execute a codicil to your will changing it to name your son as executor.  It must be executed with the same fomality as the original will  If you go to the same attorney who prepared your prior will, your will may still be in his/her database and easy to change, so may as well do a whole new will rather than a codicil.... Read Answer

Dealing with a website’s customer service is often a difficult task.  If you do not resolve the issue with the first contact with them, future contact results in nothing but computer-generated responses which do not address your issues.   You don't want to sue them -- that will cost you a fortune, take many years, and you won't win.  You can however retain a lawyer to advocate for you.   In my experience, someone from the website will respond to a communication on a lawyer's stationary.  That response will come from someone at the website who has the ability to research the issue and the authority to take action if warranted.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read Answer

You would need to retain counsel in the state of Maine. Additionally, you would have to prove that the restaurant was negligent in causing your injuries. Hopefully you took some pictures of the area that showed that there was improper lighting or lack of hand rails or defective steps or other evidence of the restaurants negligence.... Read Answer

Increasingly, alot of lawsuits for personal injuries against resorts in Jamaica are being filed in Federal court in the USA. You should have a consultation with an attorney to discuss the language in the booking reservation itinerary to see if there is a forum selection clause to resolve disputes ariing from injuries occuring on the resort property.  ... Read Answer

I have no idea what the terms of your divorce settlement agreement provided for but presumably you waived alimony or the judge handling your divorce matter asked you if you were waiving alimony. Presuming my understanding is correct, you would need to show a change in circumstance from the time of the divorce or you would need to show that the terms of the settlement agreement are unconscionable. Simply saying that someone from a divorce center was not available to meet with you at the time you signed the agreement, etc is not a legal basis for reexamination of an alimony waiver. ... Read Answer

I’m guessing that your current relationship with your father is not the best and he is angry and being angry, he is lashing out at you and trying to make you feel guilty or make sure that you know that he paid an amount towards your school costs in excess of his legal obligation. I don’t know how ( if ever) for you to repair your relationship with your father BUT legally, he has no legal right to require you to reimburse him for the amount he paid over and above what he was legally obligated to pay based on the agreement in place with your mother. If your father was to file a lawsuit against you for the excess payments, you need to send him a frivolous litigation letter, notifying him that any such claim is not proper and that you will be forced to retain counsel to oppose his claim and that all costs incurred by you in opposing it, potentially will be his responsibility under the frivolous litigation laws. ... Read Answer

        It’s not that easy to afford an alimony and child support obligation and he will have to prove that he is permanently disabled as determined by the social security administration and even if he is found to be disabled, the court and the ex-have the right to look behind his claim. And, presuming the court concludes that he is capable of work, the court has the right to impute income to him and impose obligations upon him – which means that if you and your husband maintain joint accounts, the court has the right to require an investigation into those accounts. So, it makes better sense to maintain separate accounts and be prepared to prove that the money into your account was from your employment only. If your husband deposits money into your account or if there are monies into your account from an undisclosed source, presume that the court has the right to question the source of those monies.... Read Answer

Thank you for your question.  Suspension of alimony for a period of time is not a termination of your obligation.  Any unpaid alimony during the suspension period  will be added to your arrears balance. You are able to check this balance by logging into your child support account. Typically, repayment of arrears is also paid back weekly by tacking an arrears payment onto your court ordered weekly alimony figure, such as an additional $25 or maybe $100 per week.  The amount of this arrears payment can be addressed with the Court.  Thus, proof of your declining business and income may help to keep the arrears payment manageable.  It is unlikely that the Court will force the sale of your home and vehicles.  I would strongly recommend you consult with an experienced family law attorney to assist with this alimony issue.... Read Answer

Thank you for your question.  Available resources are a concern for most when commencing divorce litigation.  In the event you are to retain counsel, you are free to utilize any savings and retirement assets available to you.  Additionally, if that is not an option, you can explore the possibly of utilizing the assistance of Legal Services in Gloucester County.  In the meantime, please remember you do not have to vacate your home on your spouse’s request.   You have the same right to the home as your spouse does.  I would recommend contacting an experienced family law attorney as soon as possible. ... Read Answer

Thank you for your question. Contemplating divorce can be stressful and scary for anyone, but especially if you are in an abusive relationship. You can get advice on all manner of issues pertaining to your situation during a free consult with an experienced family law attorney. Sadly your situation happens frequently, and you have more options than you might think. Make an appointment soon, it will help a lot once you know what your options are and you can make a solid plan for your next steps.... Read Answer

Interestingly enough, under the new Advance Child Tax Credit program created by the Federal government to assit families impacted by the pandemic, because you filed personal income tax returns in 2020 claiming a child as a dependent, the IRS will pay you a monthly sum per month starting in July ( through the end of the year) and when your ex files his personal income tax returns for 2021, he can receive the remainder credit ( 50% paid to you in monthly installments based on your 2020 tax filing and the remaining 50% paid in connection with the filing of 2021 returns). ... Read Answer

You really need to speak with an attorney to go over the facts of your case including the agreement you made and the represntations made in the case.   If you defaulted on your settlement agreement the agreement likely allowed for entry of judgment for the full amount less payments made.  The agreement may or may not have required notice of the default and provide you with an opportunity to cure the default.  ... Read Answer