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Anthony J Van Zwaren
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Anthony Van Zwaren’s Answers

1,357 total


  • My ex signed my sons up for baseball (without my consent) now their practices and games fall on my weekends. i have a 40min rid

    my ex signed my sons up for baseball (without my consent) now their practices and games fall on my weekends. i have a 40min ride (i also do all the traveling on my parenting time to and from her house). i do not want to take them to games on m...

    Anthony’s Answer

    Many agreements should have language that important decisions cannot be made that affect the other parent's visitation time (or money) without that parent's consent. However, if that is not in an agreement or if the other parent enrolled the children in the program before the agreement was signed, then you would likely be considered to have waived any disagreement. While you may have to go to court to get a determination, you may also want to consider that spending time with your sons in an extra curricular activity they enjoy may actually be a good way to spend time with your sons.

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  • Got a ticket for illegally parking, but the officer made a mistake on my ticket; is it possible to get out of it?

    I got a ticket in a parking zone which had a "3 hour parking limit". I was parked over that amount of time. The ticketing officer made a slight mistake on my ticket - in the description of the parking offense they wrote "3 hr parking from 8am-6pm"...

    Anthony’s Answer

    Unlike moving tickets which require proof beyond a reasonable doubt (similar to criminal convictions) a parking creates a prima facie finding of built against the owner of the car (not the driver) and it is up to the car owner to rebut that presumption to show they were not guilty. Unless the mistake would lead to a different result, for instance if you parked between 8 a.m. and 9 a.m. or between 5 p.m. and 6 p.m. where the parking restriction wouldn't be in effect, it won't likely change the outcome. Plus you will be spending an hour or more in court just to try and fight a parking ticket knowing that you were guilty to try and get off on a technicality.

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  • What steps do I need to take in order to evict my tenant?

    I own a condo that I currently rent out to an individual. Our contract states that he pays the Municipal Utilities and Sewer bills. He hasn't done this for the past 2 years and because of this, I now have a lien on the property. He owes over $900 ...

    Anthony’s Answer

    You can file for eviction making sure to provide proper notice regarding the penalties, since technically, I do not believe it is a simple complaint for non-payment of rent. However, you need to discuss this matter with an attorney because you are not permitted to use a security deposit to cover rent, as this is only to be used at the termination of the tenancy.

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  • What do I do and How can I retain some sort of quick representation for little to no cost while being across the country?

    I am currently going through a divorce and although my wife stated she was going to keep things civil and fair, that appears not to be the case. She has requested child support in the amount of $340/week based on earnings that are not current - in...

    Anthony’s Answer

    You definitely should have counsel. They can prepare a case information statement that would contain your current financials (the usual documents like W-2s, last year's taxes, and payroll stubs if available. They can also argue your cause and possibly permit you to appear by telephone, which many courts will allow.

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  • Need a lawyer to help me restore my license

    I need help getting my suspended license fro Newark nj

    Anthony’s Answer

    There are many traffic lawyers on AVVO that can help you. Is your license suspended due to points, a conviction for an offense like a DUI or for simply not paying fines and surcharges, because there are different degrees of suspension, and different penalties if you were caught driving while suspended once, or more than once in your driving record. You definitely need to contact an attorney to handle this.

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  • Can a non custodial parent move out of state

    my fiancé is the non custodial parent of his two sons...right now he has 50/50 custody and sees them every other weekend. we are looking to move to Florida because we can both get better jobs and it's too expensive for us to live in the state we l...

    Anthony’s Answer

    A non-custodial parent is free to move wherever they like however unless your fiancé and the mother can work out their own visitation schedule he will need to go to court. These can be very involved as it may involve issues like vacation time, holiday time, contacts through Skype and the like, that it will probably require an attorney.

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  • Whats the best way to format a response to a cross-motion to enforce litigants rights in Bergen County Family Court?

    When we divorced 20 years ago, my "X" willingly agreed to pay for half of our daughters tuition for college. He's paid 2 years thus far, is now crying poverty and won't pay (actually its wife #3 thats speaking for him, but this I cannot prove). ...

    Anthony’s Answer

    If you are not sure how to prepare a cross-motion, I have to presume that you filed the initial motion and he responded with the cross-motion. I cannot say whether the formatting or content of the father's cross-motion was adequate, so I wouldn't suggest using his as an example, however, I would suggest contacting an attorney. Alternately, while there are court forms on the NJ Courtsonline website, you could also check out the Law Library in any of the State courthouses or at Rutgers Law Library in Newark for examples. If he is pleading poverty, did he provide the required financial disclosures like the case information statement, tax returns and W2? These are reasons why it is always best to get an attorney involved.

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  • Can I work at a children's hospital if I have a false allegation against me for dyfs.

    Dyfs- false allegations dropped. Can I work at a children's hospital. Had someone living with me and I had to remove them from my house. So they called and placed a false allegation against me. Dyfs came to my house and conducted there investiga...

    Anthony’s Answer

    Unless you were substantiated by the Division or in court of an act of abuse or neglect and placed on the child abuse registry you should not have any issue working in a children's hospital. I am not even sure if simply working in a children's hospital would disqualify you if you were not actively involved in dealing with children, but simply having an allegation would have been a confidential investigation that was deemed not to have any merit.

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  • Free legal representation for family court, is there such a thing??

    2 questions. I have sole legal and physical custody of my children and I am looking to move out of state. My ex husband does not have the money for a family court lawyer therefore I don't foresee him fighting the move. He also recently advised me ...

    Anthony’s Answer

    As learned colleagues have stated, pro bono attorneys for these type of cases is fairly limited to organizations like Legal Services. Only people charged in domestic violence have hopes of being assigned pro bono counsel. Occasionally legal clinics at one of the state's law schools may provide representation to indigent clients but that does not appear likely. He could file for indigent status with the court and hope to be approved. But as mentioned, you cannot move out of the state with your children without getting his consent or going to court.
    I can also concur that hiring a lawyer can often save money. I had someone contact me once from out-of-state seeking to emancipate a child who was in her twenties and married. He had thousands in arrears and continued to pay. Rather than pay the relatively small amount of money to file a motion with the court to emancipate, he delayed and delayed and spent far more in child support payments and arrears then he would have ever had to pay an attorney.

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  • Why would the supervisor of the supervised visitation program make false statements?

    My child was recently in a supervised visitation program. My child didn't want to go. He would cry and get really upset during stop off times and couldn't wait for me to come back and pick him up. He would call for me while i wasn't there. Yet the...

    Anthony’s Answer

    Without knowing specifics, it is hard to say why the child acts the way he does. If you were not present, you are not going to be able to say what went on. I would suggest having a lawyer involved. If the person conducting the supervision is not an expert like a licensed clinician, social worker, or psychologist, you may be able to subpoena the person to testify simply as a fact witness. If the child is in a therapeutic program that involves not only supervising a visit but counseling the parties, then it might be an expert. This is something you need to discuss with an attorney. I presume this is in the Passaic County court.

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