New Jersey Recent Legal Answers from Lawyers

You need to contact the family court in the county where you live to file a complaint for the establishment of a child support order against him. If he wishes, he can challenge paternity and as a result, the court will order a paternity test to confirm that he is the biological father. The court in NJ has jurisdiction over him since you live in NJ and the child will presumably live with you - which means that even though he lives in PA, the court will serve notice on him of the court proceeding. When you appear in court, you need to give the court as much information about his employment background, educational background and any places of employment so that the court can set a proper order for child support. You also want to keep detailed records of all of your pre-birth expenses so that you can ask that he be responsible to reimburse you for a portion of those expenses as part of the establishment of a child support obligation. You also want to provide the court with the details of any childcare arrangement you plan to have in place so that the court can also impose an obligation on him to contribute to that expense as well. By having the probation department handle the collection of child support, etc, his nonpayment of child support will result in judgements against him, which will follow him wherever he goes in the future. You also need to consider social services, so that you have proper prenatal health care services and proper healthcare after the baby is born as well as financial assistance.  As such, despite his rants and threats, whether he wanted a baby or not, if he is the biological father, he has legal responsibilities to the baby. If he did not want it, then he had the obligation to take proper protection while you and he was sexually involved. He cannot have sex with you and then seek to absolve himself of the consequence of that relationship. Like a bad take off on a Beyonce song, if he didn’t want a child, he should have put a condom on it (sorry but could not resist)... Read More

You need to sit down with a family law specialist who has experience working with child protective services / DCPP to understand the rules and requirements for placement of a child (guardianship) with an extended family member. Im not sure how the Division came to place the child with your cousin's friend but I presume that the DCPP rep asked your cousin for a list of family members / friends willing to take care of the child and as a result of that interview process, this person agreed to step up and take the child. You also need to find out what the requirements are for guardianship of a newborn. ... Read More

Even settling an estate by filing an Affidavit of Small Estate may run you $700 or more.  The alternative is to let the check go to unclaimed property with the state comptroller and in four or six years (varying by state) prove that you are the sole heir and so are entitled to the money.... Read More

These are great questions and it is good that you are being proactive with this and looking into getting a jump start on what is to come for child support monies in support of your daughter. In New Jersey, child support as well as medical support for your daughter may continue up to age 23 so long as she is attending full-time college (or graduate school) OR in the event you and your daughter’s father enter into some sort of agreement. There are other factors in the Statute, but these are the specific ones that apply to your situation. Do you currently have an agreement in writing that relates to child support and/or college contribution? Anything that discusses medical contribution? If you and your daughter’s father have an agreement that discusses these issues, a family attorney could review the arrangements and provide assistance on where to go from here. If your daughter is seeking child support AFTER she turns 23,  Court can Order that support continue if it’s warranted under the law – meaning your daughter would have to show the need for it. This would also need to be considered something other than “child support” since it technically cannot go past the age of 23.  There are some additional questions that may need to be answered and will definitely be helpful in your situation. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.... Read More

Thank you for your question. Language in parenting time and custody agreements needs to be clear and well thought out. You would benefit from a free consultation with an attorney, either by phone or video conference, to go over your rights and options and help you structure a proper parenting time and custody agreement.... Read More

Thank you for your question. You are in a predicament for certain.  You’ve invested 5 years of your life into a relationship that is tainted and you still have the stamina to resurrect the trust and love you have in him.  The good news is that he is in therapy and therefore he recognizes his foibles.  As a legal matter, the marriage document does not make you a joint debtor unless you co-sign or otherwise agree to assume those liabilities.  A pre-nuptial agreement is the way to protect assets for sure.  If you have significant assets you should get a family lawyer to prepare such a document prior to your marriage.  If not, be sure to maintain separate bank accounts and DO NOT co-sign any loans and/or assume any debts he has already incurred.  Ultimately should he default in any payments, the creditor will pursue his assets including wage garnishments and bank levies.  But it cannot and will not seek payment from you.  So remember to keep a separate checking and savings.  I sincerely hope your marriage will be a success otherwise.  Just so you know every married couple has issues and debt.  You are not alone but at least your husband to be is seeking therapy.  Be sure you are included in that!  Best wishes.  ... Read More

Thank you for your question. I’m so sorry for your dilemma.  When you refer to “charged” do you mean criminally?  Because removal of a child from one state to another is not necessarily a criminal charge.  However, that being said, you can most certainly file a motion with the court to enforce your custody rights.  The fact that 2 years have passed may be looked upon as a waiver but still your ex did nothing to seek permission of the court to make the move.  The court looks to “the best interests of the child” and will decide based upon that criteria alone.  Depending on the age of the child, the court may personally interview the child and/or appoint a parenting expert to weigh in on the ramifications of the move out of state. I hope this was helpful to you.... Read More

It is impossible and potentially unethical for any family law attorney to give you advice on whether a trial judge would award you primary physical custody of your daughter or even a shared equal custodial setting without first sitting down with you to review all of the claims in your matter and understanding the roles occupied by you and your spouse in your child's life. Equally important is review of the expert reports, pleadings, therapist notes and any material contained in DCPP's file ( if applicable). Once a family law attorney has reviewed all of that material, then and only then can he / she be in a position to give you objective and reasonable advice on what is an appropriate custodial plan for your daughter.  Since you suggest that your matter is scheduled to begin trial shortly, I would sit down with your lawyer and go over line by line all of the relevant material and ask the lawyer to give you an honest assessment of where you stand with regard to the requests made by you. Everyone says that they want what is best for their children but in the middle of a divorce setting, sometimes you can be blinded to what is truly best for your child, especially if you still have anger for your spouse ( making it difficult to image him / her having any positive qualities). ... Read More

Thank you for your question. In general, it's a good idea to think twice before volunteering to move out of the marital home, unless abuse or some other extenuating factor is present. Being in the home means that you can ensure that your home remains in good shape and market-ready should you decide to sell as part of the divorce. It can also save you money over paying rent. However, when living apart is best, you will want to get all agreements about the house in writing. What is best for you will depend on the individual factors on your situation. I encourage you to schedule a free consultations with a family law attorney to understand your rights and options. I hope this information is helpful to you. ... Read More

Thank you for your question. I am sorry that you find yourself in this situation. Your ex-spouse would generally speaking, be responsible for the alimony payments absent a substantial change of circumstances from the time the Judgement was entered. I recommend that you consult with a family law attorney to discuss your rights and options in filing an enforcement motion and garnishment proceeding. ... Read More

Thank you for your question. I am sorry that you find yourself in a confusing situation. Generally, assets that are obtained during the marriage that are not from a third party gift or inheritance or from pre-marital monies, would be subject to being divided between the parties. However, more information would be required to evaluate your particular circumstance. I would recommend that you consult with an experienced divorce attorney to ensure you are fully aware of your rights and responsibilities.... Read More

Im terribly sorry for your loss and cannot imagine the pain you are currently experiencing but this is not a family law isssue. If you are looking for a lawyer to help determine if the medical facility / staff were responsible for this setting, you need to meet with a "certifiied civil trial lawyer by the NJ Supreme Court" - that is the term you want to use in your search. A certified civil trial lawyer is someone who has a specific amount of trial experience under his / her belt in civil litigation matters and is in a better position to help you moving forward to determine if there is liability instead of a general lawyer telling you what you want to hear and then not knowing how to proceed and / or then passing you on to a different lawyer and collecting a fee for the referral. ... Read More

I am guessing that you are married and living with your spouse and have decided to divorce and want to know if you can force your spouse out of the house by renewing the lease for the home being rented in your name alone. If my understanding of the setting is correct, you NEED to meet with a divorce lawyer immediately since your way of handling the issue will simply result in a fight and potentially a domestic violence setting. Simply by changing the name on the lease does not mean that you then have a right to throw your spouse out of her home or that it gives you greater rights to it especially if you earn more money than she does and she is financially dependant on you. If you want to end your marriage, do things the right way and meet with a divorce lawyer to learn what you can and cannot do at this stage and what your obligations / rights are as opposed to simply throwing her out and then finding yourself in a worse setting. ... Read More

95% of all domestic violence (DV) complaints in NJ are based on harassment or terroristic threats - not physical injury. DV is not simply putting your hands on your partner but is the threat of violence, the fear caused by punching your fist through the wall & engaging in behavior designed to alarm or intimidate her. Your inquiry though asks whether you can move to have her restraining order vacated because you never physically touched her.    It sounds like you appeared before the court without a proper education on what proofs were needed to enter an order against you. So, the idea of filing an application with the court to suggest that the entry of that order was wrong because you didn’t physically touch her does not sound like it has any likelihood of success. But there is another potential option available. You can file an application with the court to vacate the order if your ex does not oppose it. You need to obtain a copy of the transcript of the original court proceeding & the complaint filed against you. You need to provide that information to the court & you need to show the court why it is safe to vacate the order - starting with your ex acknowledging that she is no longer afraid of you. If she is not willing to do so,  then you will need to wait a number of years to file it; which application needs to show that you have gone on with your life, there have been no incidents between the 2 of you, you have no other complaints against you by anyone else & that you no longer pose any danger to your ex. & again, you need to supply the court with the original transcript of the court proceeding & the complaint.    ... Read More