New Jersey Family Legal Questions

The is a statute of limitations, a law which says you have to bring a claim within a certain period of time.  You would be out of time to file against your father's estate, however, the estate would have most likely passed to your mother through the laws of intestate succession. Intestate is when someone dies without a will. ... Read More

You do not say when your son graduated from college.  It may not be too late. I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. Your question does not identify where you live.  My offices are in Morristown.  I would be happy to meet with you.  If you want to do that, please call 973-455-1220. David F. Salvaggio, Esq.  ... Read More

You should start with the prosecutor's office in the county in which you live.  Financial exploitation of an elderly person is a crime.  You can also call Adult Protective Services, which is part of the Board of Social Services in your county and report what is happening and they will do an investigation and assist you.  Good luck. ... Read More

Your mom will have to apply to the same court that did the guardianship for a "return to capacity".  In order to get the guardianship, your uncle had your mother declared incapacitated.  Now that she is better, she has to prove to the court that she is better, and will have to get a court ruling.  During the guardianship an attorney was assigned to represent your mom.  You should have that attorney's name and contact information.  Contact that attorney for assistance. ... Read More

The school can call DYFS now called DCPP, if they feel your child is in danger.  But if there is nothing wrong, and you do not feel he needs medication, then its your right not to give it to him.  The school must believe there is some kind of issue that could be addressed with medication.  You should meet with them to discuss the issue, and perhaps meet with your child's  physician to discuss the medication.  If, after discussing it with a doctor, you do not feel medication is the answer, then at least you will be in a position to tell the school that you have considered it and given it proper attention but have chosen not to do it. ... Read More

The Power of Attorney form in the United States is unique to every state.  I would imagine that the power of attorney that would be legal in India must be something prepared by an Indian attorney.  You would be better off having your brother get the proper power of attorney form prepared in India and having the document sent here. ... Read More

If you want to do a name change the birth father has to consent to that.  If the birth father is not named on the birth certificate, you might be able to legally do the name change without him.  If you are not getting child support from the father and don't know where he lives or how to get in touch with him, you may be able to file the paperwork without his consent.  If you do know where he is, it would be best to get his consent.  The paperwork you need to file can be found at the New Jersey Judiciary website. ... Read More

If your name is not on the deed, then you cannot stop your father from selling the house.  If he is not your guardian, and you are legally an adult, he bears no responsibility for providing you with housing.  You might be able to claim some type of landlord/tenant arrangement, however, that would probably just buy you a small amount of time, since a landlord has the right to sell the property and require the tenant to move.  You should contact the Board of Social Services in the county in which you live.  you might be eligible for temporary housing assistance, that would carry you through until you come up on the waiting list. ... Read More

If the child's mother wants visitation and joint custody then my advice would be for you to wait for her to do something, not to proactively do something to try and change jurisdiction.  If you obtained sole custody through the New Jersey Court, and were permitted to move to Virginia, then you can answer any complaint or motion she files for joint custody by asking that jurisdiction be changed.  I wouldn't take that step until there is an affirmative claim that his mother wants custody. ... Read More

I head a law firm that devotes its practice exclusively to New Jersey Family Law matters. It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call. Please call 973-455-1220. David F. Salvaggio, Esq.... Read More

Usually a child is emancipated at age 18, or after college if they go to college.  Whether or not a parent has to pay for a Master's Degree is usually up to the courts, and will depend on the finances of the parties, who paid for the college education, etc.  You have a very good chance of getting the child emancipated if she is going for a Master's degree. ... Read More

Are you represented by a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters?  If not, you should be, given what you are saying and what is at stake here.  I understand and appreciate the fact that you do not want to expose your daughter to the "system."  However, if there is a Court Order in place for parenting time which is not being followed, and the father refuses to attend family therapy, you don't have much of a choice as a responsible mother--especially given what you say is your daughter's "consistent discomfort at his house." The "legal" answer to your question is that, pursuant to NJ Court Rule 5:5-6, you can ask the Judge to conduct an interview of your daughter "in camera" (which means outside the presence of the parents).  The Judge can also ORDER family therapy, and if the father refuses to attend, it may very well result in a reduction of his parenting time with your daughter.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.... Read More

It will be crucial for your to document the failure to comply with what was required. You should file a motion to enforce litigant's rights, also called post judgment relief.  There are forms available in the family court. You can ask the court to order that the items that were previously ordered be completed, and if not, that no visitation will be allowed until the things are completed.  This is a way to alert the court that the items were not completed and that the court should not be considering anything else until those things are finished. ... Read More

It is hard to know how to answer this question from what you wrote.  If you were awarded alimony, it may be reduced if your expenses are reduced, and that might leave you in the same position (financially) that you are in now.  Its going to depend on the court order directing alimony and what expenses, and salary was included in that consideration. ... Read More

You can place the proceeds into a special account and use those to pay for care.  If you want to avoid probate, you can always make that a joint account with another person but that money will still be considered mom's asset if mom needs to apply for Medicaid.  However, you have to be careful because if you are taking these actions as a Power of Attorney, everything you do must be in mom's best interests, not for your interest in avoiding probate or taxes. ... Read More

The only way that you can be absolutely sure at this point that your premarital property is protected is to enter into a written Agreement with your current wife.  I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.    ... Read More

The answer to that is going to depend on the terms of the trust, and the discretion of the trustee.  If this trust, for example, was set up to provide for your children, and you are also a beneficiary, then you might be able to borrow from it to prevent a foreclosure of the house in which your children live.  You should review the trust and speak with the trustee.   ... Read More

Gac is not the only case which deals with a non-custodial parent's responsibility to contribute to the cost of his/her child's college education under NJ law.   There are several cases, and it is essential that your husband consider all of the important NJ cases in making his argument to the Court.   I strongly recommend that your husband meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over his situation in detail, get educated answers to his questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)... Read More

The answer to your question depends on the provision of the Agreement that you now seek to enforce. There is no "statute of limitations" on seeking enforcement.  However, because the Family Court is a court of "equity," the court will consider what is "fair" under all of the circumstances of your particular situation. I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Divorce and Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  My firm’s toll-free telephone number is listed below. David F. Salvaggio, Esq. (877-355-5281)     ... Read More

You should ask the judge to speak to your daughters are over the age of 12.  Many times the court says that its your job to get the kids to see the other parent even if they do no want to.  I know its very hard to do.  If your children are older, ask to have the visitation stopped and ask the judge to speak with them.   You can indicate to the court that there was no prior relationship due to his incarceration.  If you currently do not have a court order requiring visitation, then don't make them go and wait for him to file something asking for visitation.  You can also not send them, and see if he files something to enforce it, and if he does, then ask for the judge to see the children.  Good luck.... Read More