New Jersey Family Legal Questions

This is something that you probably need to consult a lawyer about to resolve. I assume that you sent in dispute letters to the credit reporting agencies. You can also file a claim with your insurance (get the explanation of benefits for the denial of the claim) and explain why you think they should pay. I have managed to do that in some cases by simply discussing with a claims person that this claim should have been paid and that the fault was with the doctor and not with you.... Read More

I think, if you need these for court, you will need to have an official translation that you can obtain at places like embassies or consulates for a Spanish speaking country, or find a court certified translator. You cannot even rely on a Spanish speaking attorney, it must be court approved translation or officially approved (like for government documents, etc.).... Read More

Wage garnishment and bank account collection may be options available to you in either state.  In New Jersey, before an application for wage garnishment can be made in a civil court, there are certain procedures and discovery that must be followed.  To gain a better understanding of your options, you may consider consulting with a civil attorney in both the state where the defendant is currently based and the state where the judgment was granted.  Weinberger Law Group is a team of trusted family and divorce lawyers.  We offer a free one-hour initial consultation and are happy to speak with you to discuss your options based on your particular circumstances.  Feel free to call us today to schedule your free consultation.... Read More

I need your answers to several questions before I can give you guidance on options to address your current situation.  My firm, Weinberger Law Group, offers a free one-hour initial consultation.  The consultation can be over the phone or in person.  I believe you would benefit from a consultation with one of our experienced family law attorneys.  When you meet with one of our attorneys, bring with you or, if the consultation is over the phone, have in front of you, a copy of any court orders entered in your case, including a copy of any temporary or final restraining orders or orders of dismissal.... Read More

As the client, all personal decisions regarding your matter should be made by you.  The attorney offers the benefit of advice and experience as to what the attorney thinks a court would do if the matter were litigated.  If you have questions about the draft Consent Order, your questions can be answered prior to your signing it.  If you would like changes made to the draft Consent Order prior to signing it, you may propose your changes to your ex.  If you do not agree with the terms of the draft Consent Order, you do not have to sign it. The lawyers at Weinberger Law Group offer a free initial consultation.  The lawyers at Weinberger Law Group will help you accomplish your goals whether it is an amicable agreement or requires litigation.  Call to set up an appointment to discuss your concerns and options.... Read More

If you are very concerned, and you kind of want to stay out of it, you cna the office of adult protective services.  Call the county board of social services,and ask for the adult protective service area.  Or you could try getting your aunt to an elder law attorney to discuss what is going on to be sure she is protected. ... 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 Family Law matters, including child custody and termination of parental rights.  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:  Since you say that you have moved more than 1,000 miles away, you likely now live in another State.  Therefore, the law of that State probably controls over NJ law.  I recommend that you talk to a lawyer in the State where you and your son now reside.  If you need help identifying some lawyers to whom you could talk, 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

I think that the only way to answer this would be to consult with an attorney directly because there are many facts that are not mentioned here. If there is a joint custody order, the father would have to file a motion to seek sole custody and then lay out his caes as to why it is unsafe for the grandmother to have shared custody. An attorney would have to review the court orders and the history of the case. Was there a formal order to give the grandmother joint custody, or a private arrangement?... Read More

I believe that you need to answer the inquiry unless the father is restricted from access to his daughter's activities. The failure to pay for something may be addressable in court, but it doesn't necessarily prevent the parent from sharing in his child's activities. Hoewver, if the wife is now saying they want to support the cello, then try and work something out to cover this in writing. However, try and have this done with a lawyer. Your question did not say whether there was any written court order regarding the cello payments (or a property settlement agreement) or whether this was just an agreement between yourselves.... Read More

Yes, if you have a written visitation schedule you can file a motion to enforce litigant's rights and submit whatever evidence you have to show that the mother has been inconsistent or late with all her visits. The court can then enter an order or enforce appropriate sanctions, like if the mother is not on time then the visit can be scheduled unless she provides some advance notice to justify being late. At least that way you would know if she were late and she would know she has an obligation to inform you or possibly face a visit that doesn't take place. But have the court order it, do not try and enforce it yourself because then you might face trouble.... Read More

An arrest for violating a restraining order is a contempt charge for violating a court order. It has nothing to do with whether the original restraining order has been dismissed, since one is filed by the girlfriend and the other is a state action. So he needs an attorney. I do not know enough about the Drug Court to say whether it violates him. It is not a drug violation, so possibly not, but if he was on parole or probation, he might be violated. He needs to consult with a criminal attorney and/or an attorney who handles DV cases.... Read More

I am not sure what you are asking. If a person has a car they need to have car insurance. Unless there is some court order or language in a support agreement that requires the other parent to maintain car insurance or to share in that cost, I believe it is the custodial parents responsibility. Health insurance is different, and often the non-custodial parent is required to pay at least a share of the insurance, especially if that parent is employed. I know of no such rule for car insurance.... Read More

This is a complex question that cannot really be resolved on an open forum such as this one. Certainly you have a right to file to enforce the subpoena and if she refuses to ask the judge to have her held in contempt. If you know the companies where she has her accounts, you can also serve subpoenas on the credit card companies to get the records. If the home is a marital home and there are no court orders prohibiting you from entering your home, you may be able to get the police to accompany you, but I believe in most towns, they want a court order for such escorts. If you already have an attorney you should consult with that person. If not, you should definitely seek respresentation.... Read More

If there are no prior court orders regarding child support you should immediately go to court and seek child support from the father. Then he will have to show what his sources of income are or should be, i.e. what is his level of education, prior job history, work experience. While you can file a petition for child support with the court, it is a good idea to seek legal counsel or at least some legal advice first.... Read More

You don't mention if there is an existing court order. If there is no court order regarding visitation times and contact methods then you should legally be able to visit your children although that risks all sorts of possible retaliation like the mother seeking restraining orders, etc. THe best option is to either file a motion for custody and/or visitation with the court if there is no existing action that has been filed or file a motion to enforce litigants' rights if there have been prior orders that she is violating. If you are unsure, it is best you consult with a family law attorney.... Read More

In New Jersey, an engagement ring is considered a conditional gift, conditional upon there being a marriage. Furthermore, NJ is also a "no-fault" state, so I don't think it would matter whether you or your fiance were the person seeking to stop the marriage. So I believe you can definitely seek the return of the ring, even if you are the person seeking to break the engagement. However, if your fiance refuses to return the ring, you may need to file a law suit. The lead New Jersey case is Aronow v. Silver, an appellate division case decided in 1987.... Read More

All parents in NJ are obligated to contribute to the support of their children. In most cases, child support is based upon a formula known as the child support guidelines. In addition to the parents' incomes, the number of overnights, the cost of work-related child care and health care premium payments, the child support guidelines calculation accounts for other credits and deductions.  In addition to child support, you may also consider requesting contribution from your husband for other expenses such as the cost of the children's extra-curricular activities, the unreimbursed cost of braces and others. You may file an application with the court for child support and contribution to other expenses without instituting an action for divorce.  Your application would be filed under the non-dissolution docket.  The link below is to the court's self-help application packet for non-dissolution "FD" matters concerning custody, child or spousal support or parenting time.  If you meet the requirements on the first page of the packet, you can use it to file an application for child support with the court. http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf You may also be entitled to spousal support from your husband including his payment of certain household expenses (ex. rent, utilities).  Spousal support is not calculated using a formula.  There are a number of statutory factors including the length of the marriage, the age of the parties, the health of the parties, earning capacities of the parties, your history of earnings, as well as your education histories, your degrees and so forth, child care-taking responsibilities. In your case, perhaps another consideration is the fact that he damaged your credit. You may file an application with the court for spousal support and contribution to household expenses without instituting an action for divorce.  You would use the same application packet found at the link above. It may be possible for you and your husband to agree on the amount of his child support and spousal support obligations to you without going to court. I urge you to take advantage of the free consultation offered by Weinberger Law Group.  You may call (888) 888-0919 to set up a free consultation.  The attorney can discuss these options with you in more detail as well as review the divorce laws and procedure with you so you are informed of your rights. While a personal consultation can provide you with advice that fits your unique situation, the following webpages provide information that will answer some basic questions: http://www.weinbergerlawgroup.com/children-parenting/child-support/ http://www.weinbergerlawgroup.com/children-parenting/child-support/calculations-guidelines.aspx http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/... Read More

If the person is threatening you or has committed an act of abuse, call 911.  If you have been assaulted, harassed, stalked, or threatened by a spouse, partner, boyfriend/girlfriend, household member, or family member, legal assistance is available in the form of a Temporary Restraining Order (TRO).  Depending on the circumstances, a judge may convert a TRO into a permanent order of protection (a Final Restraining Order) after a formal hearing. If you are a victim of domestic violence in New Jersey, you can obtain a Temporary Restraining Order against your abuser at either the Family Division of your county Superior Court or at your local police station.  It is not required to have a lawyer with you to obtain a Temporary Restraining Order. After you have filled out paperwork detailing all of the domestic abuse you have suffered (both past and present), a judge will speak to you regarding your situation.  Be sure to relay each account of violence carefully and precisely, in order to present an accurate picture of your domestic situation.  Once your case has been heard, the judge will determine if a New Jersey Temporary Restraining Order should be issued. When the judge grants your Temporary Restraining Order, the police officers have the authority to remove the abuser from your home in order to protect you from further abuse.  Even if the Municipal Court Judge denies your after hours' request (through the police) for a Temporary Restraining Order, you may still reapply during normal business hours at the Superior Courthouse. You and your abuser will be ordered to appear at a final restraining order hearing approximately 10 days after receiving the Temporary Restraining Order.  During this hearing, you and your abuser will both need to appear at court and testify under oath.  Many victims of NJ domestic violence have tremendous difficulty coming face to face with their abuser, especially after obtaining a Temporary Restraining Order.  As such, it is advisable to contact an experienced NJ lawyer to present your case and ensure that a Final Restraining Order is granted. During this confusing and emotional time, it is important to know that you are not alone.  The domestic violence attorneys at Weinberger Law Group are experienced in handling all NJ domestic violence matters and can navigate you through this difficult experience. Call (888) 888-0919 today for a free consultation. You may also find the following webpages to be informative: http://www.weinbergerlawgroup.com/domestic-violence/restraining-orders/ http://www.weinbergerlawgroup.com/domestic-violence/restraining-orders/temporary-protection-whatis-howtoget.aspx http://www.weinbergerlawgroup.com/domestic-violence/restraining-orders/help-how-to-dv-restraining-order-process.aspx  ... Read More

You can file an application/motion with the court requesting that the court order your husband to cooperate with completing the passport application, including by signing any necessary documents and doing so by a particular date or in a timely manner.  If you are filing an application in court against your husband for the first time, you may fill out the packet located at this web address: http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf The packet includes instructions for how to complete it.  There is no filing fee for a non-dissolution application/motion.  If you already have a court order and you want to modify it along with your request that the court order your husband to cooperate with completing the passport application, you may use the packet located at this web address: http://www.judiciary.state.nj.us/prose/11487_fd_appl_mod_kit.pdf This packet also includes instructions for how to complete it.  A non-dissolution application to modify an existing order requires a $25 filing fee. There may be other issues of concern to you and/or that you want the court to address.  The attorneys at Weinberger Law Group would be happy to discuss your concerns with you and explain to you in more detail the procedure for filing a motion with the court.  You may call (888) 888-0919 to set up a free consultation.... Read More