New Jersey Recent Legal Answers from Lawyers

I gather that the mother of the other child had a court order outstanding for child support, so when your father came into a settlement, a search was run ( normal) to determine if he had any judgements outstanding. And, I gather your father had a judgement against him for non-payment of child support. As a result, from the settlement proceeds, the judgement was paid off. As for you and your sibling, I gather your grandmother did not have a court order in place for your fathers payment of child support. So, if your grandmother did not have an order outstanding for child support, then you have no claim against the monies. ... Read More

It does not.  A Medical Power of Attorney authorizes the agent to speak for the person when they cannot communicate.  A Durable Power of Attorney authorizes the agent to access finances and pay bills without affecting the authority of the person who granted it.  Neither authorizes the agent to determine where the person lives.  If you need an elder lawyer to remind the agent of state law and the nursing home of the federal Nursing Home Residents' Bill of Rights, you can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org). Your mother can leave against medical advice at any time.... Read More

For a legal adoption to be accomplished, both biological parents need to surrender their legal rights to another person who is willing to adopt you. I dont know what has taken place in your life that both of your biological parents are willing to surrender their legal rights to you but presumably you believe that it is best for you. The person willing to adopt you will then file a formal adoption complaint with the court system and accompanying that complaint should be the written statements by both biological parents acknowledging their agreement to surrender their legal right to you over to this other person and that both acknowledge that it is best for you and that it is a permanent decision. After that complaint is filed with the court system, there is an investigation by a state agency of the person seeking the adoption and the household to ensure that it is appropriate and that there are no concerns about the person seeking the adoption. Once all of the paperwork is filed, the court will then set a final hearing date and then grant the adoption. Once the adoption is approved, then the person seeking the adoption is recognized formally and legally as your parent and the rights and obligations on your biological parents terminated. ... Read More

I dont think that I am going to tell you something that you dont already know - you need to go to the court system in your country and get an order of the family court giving you authorization to leave the country with your daughter. If you dont get an order from your country's court system and you simply come to this country, the father of your child will go to the court system in Chile claiming that you kidnapped your child and took her to the United States without his permission or a court order permitting it to occur and he will ask the Chilean government to assist him under the Hague Convention for child Abduction to ask the US Government to compel the return of your child to Chile. Yes, there are specific protections given to someone fleeing another country in abuse settings, but the burden will be on you to prove them to avoid an application to the US court system to compel your child's return to Chile.  The alternative would be to contact a certified immigration lawyer in New Jersey to work with you and your new partner on getting the proper paperwork filed with the US State Department to assist in getting you and your daughter to the US. ... Read More

Thank you for your question. If your child’s father will not consent to the relocation, a formal application may be necessary.  The suspension of parenting rights by the Court may be a very important factor in your relocation request.  It could impact any opposition he may file against your request to relocate.  It is vital that you review the final restraining order and the history of your matter with an experienced family law attorney to determine the best strategies and options which are available for you to pursue your relocation with your child.   ... Read More

Under the law in New Jersey, you need an order from the court permitting you to relocate out of state with a child. If may seem like an unnecessary expense / process for you to undertake given the absence of relationship between your ex and your child but if you leave the state without a court order, you run the risk that he will file an application with the NJ court system claiming that you left the state without his knowledge and that he has tried to get in contact with your child but was unable to do so and you will then be forced to expend time and money to prove that he is not telling the truth. My advice is to do it the right way so that you dont have to worry about this type of claim in the future. ... Read More

The key factors are the requirements of the police to insure public safety and to insure that no laws are being broken. In your situation, the police have no knowledge of what is happening and are investigating to insure that no one is hurt and no laws are being broken. Concomitant with that reasoning is the 'self protection' of the officer. Please call if you have any questions. Ed Dimon, Esq. 732-797-1600 ... Read More

The employer can sue you and can also request an injunction so that you cannot work for the new employer until the matter is resolved. The threat of these two actions oftentimes has a chilling effect upon the new employment. We normally negotiate a settlement to avoid these issues. It is economic in nature. Please call to discuss. Ed Dimon, Esq. 732-797-1600 extension 235... Read More

If your mother leaves by the date that you have requested on the extension request, she should be treated like any other visitor to the US when she attempts to reenter at a later date. She does not need to leave the country before the expiration of the I-94 so long as she has filed a timely extension request and it is still pending. Leaving on a later date than the date requested even while the extension application is pending could possibly lead to problems. I do not know the CBP attitude to that situation. If the I-539 is denied and I-94 already expired when your mother leaves, there is even more of a possibility that she will have further difficulties in returning. 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

As long as you are in legal status and qualified for a student or work visa, you are allowed to apply for such under a change of status application. Kindly note that if applying for H-1B specialized occupation visa, you must have a legal status until October 1, 2021, the beginning of the government fiscal year, at which time the H-1B visa can come into effect. 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

Thank you for your question. Whether the mortgage is in one name or both on marital property does not make it only one person’s liability. Even if only one name is on the mortgage, both parties would still be liable for the debt if it is marital debt. By having only the mortgage in your name, would make it easier for you to buy him out in the event of a divorce, since you would not need to refinance again. If the mortgage is in both names, a refinance would need to occur for a buyout. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation. ... Read More

We have a unique apprach to these cases whereby we put in place a 'plan of action' beforehand which addresses the concerns of both the prosecutor and judge. By way of example, we will have the perosn take 'anger management couseling' to address 'anger' issues. We will have the person join AA if alcohol is the issue. We are proactive. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

The 'workers' demand for unemployment compensation may raise additioinal issues with regard to the status of their employmenrt. We have had a similar sutuation where the 'home care providers' were working 'off the books' and we had to work with the state authorities to correct the situation and minimze the impact upon our clients. We were successful. Please call immediately to dfiscuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

I beleive we may have previously responded to this question. The proper answer would require a review of the Adult Presentence Report which sets forth the circumstances behind the charges and the gulity plea and the role of the family of the victim. We work closely with clients in similar situations from the biginning of their incarceration to have a 'plan of action' which supports the earliest possible release. We work with the Parole Board staff on a daily basis for their guidance. This has made the approach successful. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

Experience teaches us life lessons and you are trying to explain to your daughter that what this other person has done potentially can blow up on her. In a perfect world, everything works out well and your daughter wins by paying less for the cost of her auto insurance coverage. And she then tells you that your fears were completely unfounded, and you need to trust more. In a less than perfect world (like the one you and I currently live in), people do bad or spiteful things every day and then your daughter calls you crying, saying that she cannot believe that this person has taken advantage of her. And, while you would like to tell your daughter “ I told you so”, you know that such a remark at that moment will not help. So, the best solution would be for this person to sign the title to the car over to your daughter now with your daughter holding the title in her possession, so that at any time, she can transfer title into her name and then also transfer the insurance coverage into her name alone as well ( in this setting though, it will most likely be viewed by MV as a sale and she will have to pay a tax for the sale of the car to her). Alternatively, you can draw up a simple document for both of them to sign, saying that while title to the car is in his name, he acknowledges that your daughter paid for the car, that she is the owner of it and when requested, he will promptly sign the paperwork authorizing the transfer of title into her name alone.  If you ask your daughter to draw up that paperwork, there is a 1.0000925% chance that she will do so and therefore it is better that you prepare it yourself for both to sign. ... Read More

How do I say this politely...... the key to an uncontested divorce is a formal written agreement that not only addresses the issues outstanding but also lays out how to handle disputes in the future over issues that may come up.  As an example, presuming you have a child that is contemplating college or trade school, how are you & your ex handle the payment of the SAT/ACT prep course[s] (payment), the college / trade school selection process & which schools to consider, how to pay for that school & the ancillary costs. What if your income setting is different than your ex's at that time, what is the mechanism to determine who pays what percentage of those costs? Does your child have an obligation to apply for all loans available & what percentage (if any) of the college / trade school costs are to be paid for by your child? These are simple type items that should be in your agreement, so you & your ex do not fight at the time over them & end up in court spending money when its needed most. Similarly, once a child turns 17, he /she needs to be added to your auto insurance policy or her policy & there will be an expense - is that expense being shared in a ratio between your respective income settings or is one person paying for it?  These are simple everyday type items that people end up fighting over & if the agreement does not spell out how to handle them. 35 years of handling divorce & family law matters has taught me that all of these issues are better to be dealt with now in a formal agreement then thinking that you & she will be cooperative & work it out later. Believe it or not but about 60% of all applications to the family courts are for post-divorce issues because their settlement agreements failed to properly address the issue. My suggestion is that you meet with a "Certified Matrimonial Trial Lawyer by the NJ Supreme Court" since that certification is the only way to truly know if a lawyer has specific family law training & experience. If you would like to schedule a consultation with one of the partners in Diamond & Diamond to discuss your matter & to see if we can be of assistance to you in finalizing your divorce, please call Angela at 973-379-9292 (Millburn Office) or at 609-248-9595 ( Ocean County office). ... Read More

You would be eligible fpr parole after serving approximately one-third of the sentence, with credit for 'good behavior'. We work closely with clients and the Parole Board at the beginning of the sentence to inusre that the proper actions are taken by the client/inmate to be successful in their request for parole. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

You are in a difficult position. The employer is requiring that you make the chioce between the new position at a greater distance from your home or signing the severance. You have to decide what you want to do. If you take the employment, the severance issue is moot. Hoever, if you take the severance, we may be able to help you obtain a greater number and also insure that there are no improper restrictions. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

You need a consultation with a divorce law specialist to review your agreement terms and to better guide you. I do know where in NJ you live, but our firm has an office in Millburn and in Ocean County (Forked River) and consultations can be arranged through Zoom (videoconferencing) or in person. For divorce and for post-divorce purposes, initial consultations are free (your inquiry would be free). My suggestion would be for you to contact Angela of our office at either 973-379-9292 or at 609-248-9595 to schedule a consultation. My suggestion would also be to fax or email a copy of your settlement greement to the office in advance of the consultation, so that we can review it and be in a better position to discuss its terms when we talk with you about where you stand currently. ... Read More

The key is the reason for the warrants. What is the basis for the warrants ? We have done a client who had 10 warrants in 10 different locations. We were honest with all 10 places and had immediate success in 8 places. The last 2 places were difficult. This can be expensive if municipal court is difficult. Please call to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More