New Jersey Family Legal Questions

In making a determination about alimony/spousal support, the Court considers several factors.  A person's status in this country is not one of the stated factors in a determination about whether or not that spouse will receive support and, if so, in what amount.   You may review the factors and more information about alimony/spousal at the following websites: http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/ http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/alimony-factors-new-jersey.aspx http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/alimony-types-new-jersey.aspx The court provides packets to assist litigants who are representing themselves in court.  If you decide to file for divorce and pursue support through a divorce, the packet is available at the family court in the county where you live.  If you decide to file an application with the court requesting an order that your husband pay you spousal support without you filing for divorce, the packet you would use can also be found at the family court in the county where you live as well as at the following website: http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf If you need support from your husband, which he is not providing, it is important that you file an application with the Court requesting support sooner rather than later. To discuss your concerns and your options, you may consider consulting with an attorney.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  We are available to meet with you in person or over the phone.  Call today to schedule your free initial consutlation - (855) 993-3858.... Read More

If there is no court order governing how you and your wife are to distribute your tax refund, one option is to consider proceeding as you have since you separated.  If your wife files an application with the Court seeking alimony, a portion of your tax refund, or other relief, be sure to respond to the Court accordingly.  Even though you have been separated for almost 9 years, you and your wife are still married.  As your wife, she still has certain rights.  There are nuances to the answers to your questions and more information to discuss with you that are better addressed in a consultation.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation, in person or over the telephone, if the telephone is more convenient for you. Call Weinberger Law Group today to schedule your free one-hour initial consultation - (844) 711-5079. ... Read More

  I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is:  A Motion could be filed, requesting that the child support arrearage payments be made directly to your daughter.  However, I presume that all of your payments relate to the period prior to your daughter's emancipation.  If so, the mother will probably argue that she should receive the money because she was supporting the daughter during that period of time.     Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.   If you live in one of those counties and you want some help, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.   ... Read More

First, you need to sign up for a credit protection service that will prevent someone from opening credit cards in your name.  You should file a police report clalming identity theft again, and indicate to the mortgage company that the documents were fraudulently obtained.  You can seek damages from her, and have the foreclosure changed to her name alone. ... Read More

As answered by Ms. Anderson, your motion should be granted assuming that you did not ask for anything that you were not legally entitled to. You should be (or already have received) an order that will describe what portions of your motion were granted, and what if any, was not granted. You may also be ordered to serve a copy of the order upon the other parent to make the other parent aware.... Read More

I hope you have already consulted with an attorney. Your husband has violated your rights in a number of ways. He had no rights to block a joint account. He also had no right to keep you out of your own home. You may be able to get assistance through legal services in your county (you can find this information on the New Jersey online court website). There may be also pro bono lawyers or law groups at Rutgers or Seton Hall Law Schools that could assist you. Alternately, you can find an attorney who can file a petition for temporary support that includes payment of your legal fees.... Read More

You can sue anyone - but the better question is what damages did you suffer, and what relief are you requesting?  It sounds like the counselor did her job, she provided some counselling, but probably not enough, and without a real plan.  Since she was hired by your ex-husband, there is also the issue of what idrection she is receiving from him.  She may be responding to his requests for counselling sessions, and if he isn't requesting any, she is not scheduling.  Instead of sueing this counselor, I would look to the court to order that a different counselor be hired, or that your ex be ordered to schedule and/or pay for more sessions, with a firm plan of action.  Good luck.  ... Read More

If you are 18 you are entitled to see the court records.  You can go to the county court of the county in which you live.  You can get any court documents that have been filed, they are public documents.  Your aunt wouldn't be a parent, but she could be a co-guardian, or have some responsiblity for you if something happened to your mom.  ... Read More

You need to speak to the lawyer that is handling the case.  There has to be someone appointed to be your late father's representative, both for the case against the jail, and for the admininstration of his estate.  You are entitled to the distribution from his estate.  There has to be someone to make sure the money from the law suit goes into the estate.  ... Read More

It is difficult to say because I don't know the criteria the place will be using to determine whether or not you "pass".  You should explain the situation to the employer.  If the DYFS case was opened, and then closed becuase nothing was found to be wrong, then that's not a problem.  ... Read More

The attorneys at Weinberger Law Group are happy to help. We offer a free initial consultation, in which we can discuss with you and prepare New Jersey child support guidelines calculations provided we have the necessary information. Call today to schedule your free initial consultation. You may also find the following websites to be informative: http://quickguide.njchildsupport.org/ http://www.weinbergerlawgroup.com/children-parenting/child-support/... Read More

Parents have an obligation to support their children.  You may file an application for spousal and child support even without filing for divorce.  If your application is granted, you would begin receiving spousal and child support effective the day you filed the application.  The support can be garnished from your husband's paychecks and paid to you through the Court so that you do not have to have any interaction with your husband.  If support is being paid through the Court, the Court will also keep track of the payments and enforce the obligation on your behalf. With regard to your husband withdrawing all of the money from your bank accounts, that may be a basis to file an emergent application with the court.  You can explore this more in consultation with an attorney.  Also, you have an interest in marital assets.  Even though your husband withdrew all of the money from your accounts, you may pursue and ultimately be able to recoup your interest in the accounts. I understand you do not have the funds to retain an attorney.  Fortunately, the attorneys at Weinberger Law Group offer a free initial consultation.  The attorneys at Weinberger Law Group are experienced in representing clients through child support, spousal support, custody and parenting time, and divorce matters, among others.  We are happy to discuss your unique circumstances with you and explore your options with regard to your application for support, divorce and retaining an attorney from Weinberger Law Group to represent you.  Call (844) 828-2134 today to schedule your free initial consultation. You may also find the following links to be helpful: http://www.weinbergerlawgroup.com/children-parenting/child-support/ http://www.njchildsupport.org/ http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/... Read More

If you and your child(ren)'s mother do not agree to a modification in the parenting time schedule, to seek relief through the court, you will need to file a motion.  In New Jersey, for a child custody arrangement to be modified by a judge, the moving party must prove that there has been a substantial change in circumstances.   You may find the following websites to be informative: http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-modifications.aspx http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf http://www.judiciary.state.nj.us/prose/11487_fd_appl_mod_kit.pdf http://www.judiciary.state.nj.us/prose/10483_post_jdg_kit.pdf To ensure that you file the appropriate motion and that your motion includes the details the judge will need to consider prior to making a determination and to improve your chances that a judge will find in your favor, consider consulting with an experienced family law attorney rather than representing yourself.  The attorneys at Weinberger Law Group are experienced in custody and parenting time matters and we offer a free initial consultation.  We are happy to discuss with you other options such as mediation and to navigate you through the process.  Call (877) 418-8515 today to schedule your free initial consultation.... Read More

I believe that the judge was not only completely wrong but has violated an edict from the chief administrative judge of the New Jersey Courts which definitely calls it a crime of the second degree. Although it discusses stealing remains from funeral parlors or cemetaries, I don't see that it would not apply to remains in a person's personal possession. See the link I posted from the head administrative judge. http://www.judiciary.state.nj.us/legis/pl2002c127.pdf  ... Read More