New Jersey Family Legal Questions

Generally a parent has an obligation to support their children until the children reach the age of majority (18 years old).  However, in New Jersey, a child support obligation may be extended if the child is in college/ and or needs the continued support of the parent.  There are a number of factors the court will consider when determining whether a child support obligation will be extended, however they will not have these factors to consider until a petition requesting support has been filed.   ... Read More

In your question, you use the words "alimony for a child." Alimony is for an ex-wife.  If it is for a child, it is child support.   In any event, if the man was behind in his child support when he died, the arrearages are the responsibility of his Estate--just like any other debt.   The new wife or the man's Estate should have no responsibility to pay ongoing child support.  However, if as part of the divorce, the man agreed to maintain a life insurance policy with the child or ex-wife as beneficiary, to insure that they would get money in the event of his death, that would have be honored.  I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Divorce and Family Law matters.  I would be happy to have a brief telephone call with you if you have any other questions.  Of course, there is no charge for that phone call.  My firm’s toll-free telephone number is listed below.  Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net).  I wish you the best. David F. Salvaggio, Esq. (877-355-5281)  ... Read More

Dear Ms. Negrillo, Under New Jersey law, your brother cannot give up (terminate) his parental rights (or responsibilities) UNLESS someone else is willing to adopt the child and substitute for him.   I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Family Law matters. If you have any questions, please call me at my firm’s toll-free telephone number listed below. Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net). David F. Salvaggio, Esq. (877-355-5281)     ... Read More

Dear Mr. Stewart, If she will not consent to its removal, a Motion must be filed.  The Court may be willing to remove it.  "Good cause" must be shown.  The Court will examine the following factors:  (1) whether the victim consented to lift the restraining order;  (2) whether the victim fears the defendant;  (3) the nature of the relationship between the parties today;  (4) the number of times defendant has been convicted of contempt for violating the order;  (5) whether the defendant has a continuing involvement with drug or alcohol abuse;   (6) whether the defendant has been involved in other violent acts with other persons;  (7) whether the defendant has engaged in counseling;  (8) the age and health of the defendant;  (9) whether the victim is acting in good faith when opposing the defendant's request;  (10) whether another jurisdiction has entered a restraining order against defendant; and  (11) other factors deemed relevant by the court. The problems that you may have with Factors #1 and #2 may not doom your application. The motion judge should closely scrutinize the record to determine whether there is a likelihood that violent conduct will be repeated. When considering whether a victim fears a defendant, the motion judge must look at objective fear, not subjective fear. The duration of an injunctive order should be no longer than is reasonably required to protect the interest of the injured party. Because the general purpose of the Prevention of Domestic Violence Act is the protection of victims from real harm, indefinite continuation of an FRO requires a parallel, real danger of recurring domestic violence. I have more than 30 years of legal experience and head SALVAGGIO LAW GROUP LLC, a law firm which devotes its entire practice to New Jersey Family Law matters, including Domestic Violence. I would be happy to have a brief telephone call with you. Of course, there is no charge for that phone call. My firm’s toll-free telephone number is listed below. Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net). I wish you the best. David F. Salvaggio, Esq. (877-355-5281)... Read More

A promissory note with appropriate terms can help ensure that a loan, even between family members, is honored, both by the borrower, and by the courts. However, this will not ensure that your son repays the bank loan, so your husband will want to ensure that he understands the terms of the loan he is con-signing. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

John, I have more than 30 years of legal experience and head a law firm which devotes its entire practice to New Jersey Divorce and Family Law matters.  This is what is called a "relocation" case.  If you go to the Custody and Parenting Time section of my law firm's Website (www.salvaggiolaw.net), and look at Most Frequently Asked Question 3, you will get more information.  As you will see, under NJ law your girlfriend cannot move out of the State of NJ with your 2 year old son, without either your consent or a Court Order.  If you do not consent, your girlfriend must file a formal Motion with the Family Court for permission to move to Texas with your son.  There are specific standards by which a New Jersey Family Court would decide that Motion.  Often, the court process is a long one, because the Court usually appoints an expert (a mental health professional) to do an Evaluation and make recommendations to the Court as to whether the Motion should be granted or denied. In order to get a realistic evaluation of your chances of success, if you choose not to consent, I strongly recommend that you schedule a meeting with an attorney such as myself.  I believe that this would be a very good investment on your part.  My contact information is listed below. I look forward to hearing from you.  David F. Salvaggio, Esq.-SALVAGGIO LAW GROUP LLC- 973-455-1220- E-mail - dfs@salvaggiolaw.com,  ... Read More

This is known as post judgment relief.  You go back to court after the judgment of divorce is finalized to clear up other issues.  You will have to complete a new CIS and if income levels have changed support may change.  If the child is living at college, then you would most likely be paying for college, not support plus college.  Child support is usually based, in part, on the number of nights the child spends in the home.  Good luck... Read More

You probably could do the emancipation documents yourself.  Are you under 18?  If you are you may need an attorney, because I'm not sure the Court would allow you to file those documents on your own.  You would also be eligible for public assistance on your own income and resources.     ... Read More

I don't know if I was say its a "bad" idea, but you definitely have raised the right concerns and are asking the right quesitons.   What protection does the company offer you?  Can you be listed as a beneficiary?  Or a joint owner?  If not - then I would think twice.  Most IRA's or 401(k)s have a requirement that the spouse has to be notified.  If your husband could liquidate this account without your knowledge, you may have no recourse. ... Read More

There are no "Granparent Rights" in the State of New Jersey.  Although the grandchild lived with you, your daughter lived with you as well so you were not acting as a custodial parent. The law says that the parents have a right to raise their children the way they want, including whether or not they visit with the grandparents.  However, if your daughter is an unfit parent, that's something you could bring to the court's attention, and possibly seek to have the child removed.  You cannot go to court an ask for visitation rights because you are the grandparent.  Defying the restraining order will only lead to you being arrested.  ... Read More

You can do a modification of the custody agreement to require that your child have a smoke free environment.  Most judges and courts are very sensitive to this issue because it has been proven that children subjected to second hand smoke are more likely to develope asthma, allergies, persistent respiratory problems, etc.  Ask for a change of custody.  It might be helpful to get a doctor to write something that says the child should be in a smoke free environment. ... Read More

It depends on how your father held the account.  If the money was held ina formal trust, then you have to look at the terms of the trust.  If however, he just took the money from you, invested the money in an account without your name on it, but supposedly doing it for you, then you might have difficulty proving the money was yours.  There is a law - Uniform Gifts to Minors Act, UGMA that governs how accounts can be held for minors.  If your dad deposited the funds in your name when you were 13 you are now entitled to that money.  But if he did not, I don't think you will ever be able to get paid.  ... Read More

Michelle, You should not need a form--as long as your ex agrees that this is not his child and your fiancee agrees that it is his child.  It would make sense for your ex to agree, so that he does not have any responsibility for that child.  On the other hand, if your ex suspects that it is his child, or your fiancee will not sign the birth certificate because he suspects that the child is not his child, you should have a paternity test done, so that you can clear up any doubt.  As long as everyone agrees to the test, you do not have to go to court to get it done.  There are various places that will do the test--as long as the cost is paid, of course.   I would be happy to have a brief telephone call with you, to get more facts and to answer any other questions that you may have.  Of course, there is no charge for that phone call.  My telephone number is listed below.    Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I wish you the best.   David F. Salvaggio, Esq., SALVAGGIO LAW GROUP LLC (Telephone: 973-455-1220)... Read More

If you have the court order allowing you to change his name, start with Social Security.  You will have to provide the court order allwoing the change.  You should also talk to the registrar of vital statistics and see if there is a way to change the birth certificate as well.  Good luck . ... Read More

You're probably going to have to try and get a restraining order to get him out of the house.  Its usually reserved for domestic violence cases, and I don't know whether you have that problem in addition to him being unfaithful.  The domestic violence restraining order is usually granted by the local police department if you fear for your safety or the safety of your children.  It is done on a temporary basis and then you go to Superior Court to determine if one should be in place on a permanent basis.  ... Read More

That is usually done in a guardianship clause in a will. It is not dispositive of the issue, but it will weigh heavily in the court's decision, especially if the reasoning behind the guardianship clause is explained in the guardianship clause. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey      ... Read More

In order to modify or terminate an alimony award contained in a judgment of divorce you must file a post-judgment motion in family court setting forth the changed circumstances that demonstrate why the alimony award should be modified or terminated. Please call me to discuss your case or to schedule a free consultation. My law office's phone number is (732) 888-4400. Thank you. MARC B. SCHRAM, P.C.... Read More

To start off, I presume you are asking about a divorce case.  You are asking to change jurisdiction from one state to another.  If even one of you lived in New Jersey for at least one year prior to the filing of the divorce complaint then jurisdiction is proper in New Jersey.  This means you cannot have the case moved to New York State.  Unfortunately, even if getting to the New Jersey court is terribly inconvenient for you, you are stuck with this.  Sincerely, Helayne M. Weiss www.herbertweisslaw.com ... Read More