New Jersey Recent Legal Answers from Lawyers

These cases are fact sensitive. In addition, the law sets forth specific requirements about reporting to the police if there is property damage or if a person is hurt. In addition, the insurance company has reporting requirements. The court will want to see that all the missing requirements were fixed. We would remedy the omissions and address the issues before going to court. The court will not adjudicate the merits of the car accident. Please call asap to discuss. Ed Dimon, Esq. 732-797-1600... Read More

Medical and Durable Powers of Attorney are effective when signed unless they state otherwise.  They also generally revoke any previous ones, though third parties are entitled to act on the previous powers of attorney if they do not know about the new ones.  This may be a good time to consult an elder lawyer to make sure everything aligns to protect your mother as much as possible.  You can find one near her on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

My heart goes out to you in your effort to try and help your 4-year-old niece. I am also fairly confident that your parents mean well and want to do the right thing for your niece but fail to recognize their limitations and its impact on a 4-year-old in their household. I am also fairly confident that you have spoken with your parents about their limitations and your belief that you can now provide your niece with a better home setting. If you have not done so, I think that you need to sit down with them - if for no other reason but to show your maturity and your willingness to address the issue constructively. They may not see it the same way and may not respect your efforts but you need to have that conversation before moving forward with any alternative plan. Presuming that the conversation accomplished nothing, then you need to decide if you want to speak with the state division of Child Protective Services. You can file a complaint with the DCPP and offer to take your niece in with you and provide all of the reasons why you feel that it is an unsafe/unhealthy environment for your niece and simultaneously why your home setting is more appropriate. I also presume that your parents are receiving governmental benefits for caring for your niece and may be resistant to give her up but maybe you can agree to a trial plan setting where they continue to receive those benefits for a period of time to ensure that your home setting is working. ... Read More

There is a possibility that you may have a problem in traveling and going through a US port of entry. You may have to explain the situation in secondary inspection at a US port of entry. I assume that as long as the date and place of birth are the same on both documents, you will ultimately pass inspection, although there is a chance that there could be a lengthy wait in secondary while CBP checks your immigration history. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 More

Most importantly, do you live in New Jersey? At the end of your question, you reference a request for child support from the biological father - which says that you already opened a child support case in the court system and have a state agency/probation seeking to recoup monies from him for your child. If you have already filed a complaint with the court system for child support or if you are receiving governmental assistance for your child and identified the biological father as the responsible party for payment purposes, simply adding your fiance to the birth certificate does not / will not resolve all of the issues. If anything, it can cause you more issues if you are receiving government benefits and previously identified the other guy for payment purposes. The simplest solution is to have the biological father sign a written certification stating that he agrees to relinquish his custodial rights to the child and effective with the entry of an order permitting your fiance to adopt the child,  he will be relieved of any legal obligation. You can also include in that certification that he agrees to cooperate with the adoption process and to sign any and all papers required of him. I have no idea why your fiance has an issue with child protective services but if he is going to be around your son on a daily basis and is a good father to him, I dont think that you should be afraid to permit a home visit as part of that adoption process. ... Read More

The employer can require a face mask and shield for the employee. By way of example, hospitals are requiring employees to wear face shields of a particular nature and masks and particular clothing such as the lead shield apron. The court will support decisions based upon worker safety. Please call if you have any questions. Ed Dimon, Esq. 732-797-1600... Read More

The prosecutor will require guilty pleas and sentences for both parties before anyone will be released. The prosecutor will not take the chance on one person or another changing their mind about acceptance of responsibility. This happens all the time. Please let us know if we can help your boyfriend with the negotiations. The key is specificity and clarity and putting the agreement in writing. Please call to discuss. Ed Dimon, Esq.  Cell is 201-892-4824... Read More

I am guessing that you have a domestic violence matter in Middlesex County and are asking for recommendations for the name[s] of lawyers who handle domestic violence matters and who are respected by the family part judges in that county. Let's start off with this firm and its managing partner Richard Diamond. Our managing partner is a certified divorce and family law trial lawyer by the New Jersey Supreme Court - meaning that he is one of the 4% of all family law attorneys in this state who are certified as a family law trial lawyer, handling domestic violence matters, divorces, etc. While many lawyers advertise that they handle domestic violence matters, you want to focus on those who are "certified matrimonial trial lawyers by the NJ Supreme Court" since that designation focuses on their specific trial skills as opposed to a million other types of designations that have nothing to do with trial or courtroom skills. ... Read More

We have done FINRA 'expungements'. These are 'fact sensitive' based upon the charges and the findings. What were the charges ? What were the findings ? One must be extremely well prepared to win these cases. Please call to discuss. Please also check my finance background as well as my legal background. Ed Dimon, Esq. 732-797-1600 ... Read More

The person with whom you had the 'dating/living' relationship can obtain the TRO. This person can also bring harassment charges. These are difficult cases because they are 'fact sensitive'. You are in a difficult position. Your intentions are good. They could be used against you. You did warn the police. They are on notice. Additional notification could put you in 'harm's way'. Ed Dimon, Esq. 732-797-1600... Read More

Thank you for your question. Your social security is not reduced by your share of his pension which is typically via a QDRO (qualified domestic relations order).  The pension is equitable distribution.  Social security will not be affected by any other source of income you get. I hope this was helpful to you.... Read More

 Thank you for your inquiry and congratulations on your upcoming nuptials! I strongly recommend that your fiancé consult with an experienced family law attorney that will be able to review the draft of the pre-nuptial and advise her accordingly. It is important for your fiancé to allow enough time for proper review prior to the marriage ceremony.... Read More

The key is preparation. We would submit the proper documentation setting forth the relationship between the parties. We would provide sworn statements. We would provide proper background documentation. We would provide character letters. We would have you receive anger management counseling if appropriate. The key is being proactive and addressing all issues before one goes to court. We are immediately available to discuss. Please call asap. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

We do these exact cases. We utilize the NJ DMV abstract for you and address one by one the issues noted. The process is slow and steady. We work closely with the NJ DMV and any municipal courts to correct the problems. Please call me ASAP. Ed Dimon, Esq. 732-797-1600 Ext 235. Cell is 201-892-4824. ... Read More

Anybody can be sued for anything, but whether you can have the suit dismissed on statute of limitations grounds depends on when the alleged breach occurred.  For example, you can have a 99 year lease entered into 94 years ago.  If you fail to pay rent in the 95th year, you can be sued.  Your friend could have a claim against you (and both of you would have claims against the friend who never made his payments) for your share of anything he had to pay as one of the co-signers.  HOWEVER, when your friend filed for bankruptcy (I'm assuming it was chapter 7), his assets, including any claim against you, became part of the bankrupt estate and owned by teh bankruptcy trustee.  He no longer owned it, just like he would no longer own a vacation home or other non-exampt property which would be sold and used to satisfy his creditors.  It's as if he had a promissory note which he never let the bankruptcy court know about, and now that he's out of bankruptcy, without having  paid his creditors with the promissory note, he wants to try to cash it.  He can't because it doesn't belong to him anymore, it belongs to the bankruptcy trustee.... Read More

Thank you for your question.  I am sorry to hear you are going through this stressful time.  In a situation like the one you describe, you would likely need to file a Motion to Enforce Litigant’s Rights in the event your ex-spouse does not make the child support payment.  In the event there are other orders which he/she is not complying with, you may want to include those Orders in the motion as well.  There's a need to review the Orders and the MSA in order to provide you with a definitive answer.  I strongly urge you to schedule an attorney consultation.... Read More

Thank you for your question. The best advice I can provide is that you hire a private detective to search for the man. They have access to confidential identifiers. Then you would have to get the putative father to agree to sign over his parental rights.  It’s certainly not a fait accompli!  My advice is to let sleeping dogs lie. There’s no guarantee that he will cooperate with you and it is possible that he will seek parental rights such as parenting time.... Read More