New Jersey Recent Legal Answers from Lawyers

Thank you for your question. The most direct answer is yes, in certain circumstances child support can be reinstated, especially if there is a question of disability. However, there are many factors involved. The best thing to do is take advantage of a free consultation. You will receive advice specific to your circumstances, which will allow you to make an informed decision as to how to proceed.  ... Read Answer

THese are most difficult cases to address. We have done three similar cases with varying degrees of success. We have been able to negotiate settlements in two cases. The 'devil is in the details'. What was said ? by whom ? in what context ? Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

We do many domestic violence cases. We are available to discuss what happened on the day in question and in court. If the matter has been adjudicated, you should obtain the court transcript for us to review. As such, there would be no conjecture as to what was said in court. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

If possible, I would talk with your husband about his son’s violence and that you cannot continue to have him in your lives any longer. If you cant have that type of conversation with your husband but have decided that you cannot continue to have him in your house or in contact with you, then you have the right to file a domestic violence complaint against him based on physical violence to you and verbal abuse and harassment. For your purposes, the more material you can provide the police with about incidents of violence against you and against your husband (in your presence) the better starting with the most recent incident. I would sit down and write out a detailed history of the sons violent history working backwards and a complete listing of as many violent incidents that you can recall where he was physically violent to you, pushing you, getting in your face, cursing at you, punching holes in walls, breaking objects in your presence with as much detail as possible as to the date of the incident, where it occurred and what he said to you of a threatening nature. Then compile the exact same list of incidents where he did the same thing to your husband (when you were present to observe it). Critical to a domestic violence complaint is a predicate act (recent incident that caused you to seek police intervention). With a recent incident, you can then provide the history of other bad actions by the son against you and your husband as part of the history. To file a domestic violence complaint, simply go to your local police station and tell them that you want to file a domestic violence complaint against your husband’s son who has lived with you, stating that you are fearful for your safety as a result of his violent outbursts directed towards you and your husband. Bring your list with you and make sure that you include everything from your history in the complaint even if the officer has to sit and write for a while. Do not shortcut the process by excluding violent incidents.  ... Read Answer

Thank you for your question. Unfortunately it sounds like you received some incorrect information. A QDRO or Qualified Domestic Relations Order is an Order used to divide retirement accounts such as 401(k) or pensions incident to a divorce. It delineates who the alternate payee is when the spouse who owns the account is transferring a portion of the funds to his or her former spouse. A QDRO is generally drafted by an actuary, when necessary.A QDRO is not related to claiming life insurance proceeds. You may want to consult with a trusts and estates attorney.... Read Answer

Sorry but title to the property was in your name and her name jointly, which means that each of you are entitled to 50% of it. It may be a matter of principle to you but legally, you need to sit down with her children and work out a deal for them to transfer their 50% interest over to you or you need to start charging them for their 50% share of the "obligations" associated with the property, including the real estate taxes, insurance, upkeep, etc. Maybe once they are presented with the "obligations" associated with the property, they may change their minds on retaining their 50% share interest. ... Read Answer

I am sorry that you are being placed in this setting, but Diamond & Diamond is a specialty law firm focused on Divorce, Post Divorce, Domestic Violence Matters, Custody disputes, Prenuptiual Agreement drafting / review and related family law type matters and therefore I cannot give you advice as to the application of the 2018 law to a lawsuit filed against you, arising out of a 2016 emergency room proceeding. If the law suit was filed after the new law went into effect, the starting point though would be to look at the 2018 statute to see if it applies to medical services incurred prior to the effectlive date or if it applies to lawsuits filed by medical service providers after the effective date of the 2018 law. I would also contact a lawyer who specializes in consumer fraud matters or insurance fraud claims. ... Read Answer

Hi Annette, to reopen a claim you need to file either a 526ez or Supplemental Claim depending on if the claim was previously denied (Supplemental Claim) or you're requesitng an increased rating on a disability (526EZ).  You can also do this online through eBenefits.  I would recommend you work with a Veteran Service Officer to assist you.  Most attorneys only work in appeals.  You can find a VSO at www.nacvso.org.  Once you get a decision after reopening, if you would like me to review your decision to see if you got what you were entitled to, feel free to reach out.  We do inital consultations at no charge. ... Read Answer

We do all the complex and complicated expungements in NJ. The expungement laws have been changed and are changing again with the legalization of marijuana. We would be honored to represent you. We work closely with the prosecutor and judge. Please call asap. No charge for the call. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

The key is working with the NJ prosecutor to determine the validity of the charges and the prosecutor's desire to move forward. You will need representation in NJ. Please check our background and recommendations. I was the First Assistant Prosecutor in NJ. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600 ext 235. No charge for the call. ... Read Answer

The key is getting into the Pretrial Intervention program. You can use the 'facts' about the money differences to your benefit with the prosecutor. We use the PTI program all the time. The charges are ultimately dismissed. You can have the arrest expunged. Please call asap to discuss. Ed Dimon, Esq. 7320797-1600 ext 235... Read Answer

It is very, very difficult to obtain conservatorship based on alcoholism or drug abuse.  Generally speaking, a person is eligible to be protected by a conservatorship/guardianship only if, due to a physical or mental illness, they are unable to provide for their own food, shelter or medical care or to manage their finances.  Getting a court to recognize alcoholism or drug abuse as a physical or mental illness seems to be a high hurdle.... Read Answer