Karen K Saminski’s Answers

Typically, child support is not recalculated each and every year. There are some exceptions in certain income situations (for example, when incomes fluctuate widely from year to year or bonuses are paid). Occasionally, parties agree to exchange tax returns annually. More commonly, child support is reviewed approximately every three years. However, if you feel there was something that was missed when your child support amount was calculated, or you feel that the information presented by the...

If you are asking if it is possible under New Jersey law, the answer is yes, but the decision will not be based solely upon what your daughter wants, nor will it be based solely upon your daughter's immigration status. Assuming that New Jersey has jurisdiction (which your attorney will review when you present all the facts) a custody complaint or motion ( depending on your past history with the Court) will have to be filed with the Court. Now is a good time to get started. The Court can...

Right now, Illinois is the State with jurisdiction over the child. You should consult with an attorney admitted there (or hire a New Jersey attorney to work with an Illinois attorney) to see if the parties consent can be formalized and presented to the Court for inclusion in an Order. When an Order is entered in Illinois, it can be registered in New Jersey. By the way-very kind of you to consider taking on this responsibility.

You really can't afford not to get a lawyer. Sometimes counsel fees can be recovered from your Ex in an enforcement case. At a minimum go to the Family Court and ask for the forms so you can try to file on your own (not recommended but better than doing nothing).+

This answer only applies if you can specifically do what I am suggesting. Once the baby is born, this answer is not applicable. Right now, you have every right to move out of the state. If at all possible, deliver your baby in the state you want to move to. If you deliver here and you want to move out of the state you will have to follow the law. Removal cases can be long, drawn out and expensive. If your baby is born in New Jersey seek legal advice right away so that you can strategize about...

An evaluation regarding potential autism is stressful for parents even in an intact household. Since you mention an Order, the Order probably states whether you have joint or sole legal custody. Most often parents have joint legal custody and are required to consult with one another concerning medical evaluations and treatment. In the end, if you and your co-parent can work together to understand your child’s needs and treatment path and communicate for the benefit of your child, the outcome...

Your are paying child support because your child is in college and considered unemancipated. In the past the law was more clear that the child had to actually be progressing in college in order to remain unemancipated. If you suspect that the child is in a low cost college and not progressing, it could be worthwhile to file a motion and ask the Court to take a look at grades. If your child is over 18 you do not have rights to review grades unless the review is related to a good faith claim...

Depending upon how low your income is and availability you may qualify for free legal services from Monmouth County Legal Services.

I believe LSNJ and Monmouth Legal Services use the same income guidelines, so if you are too high for one, you will be too high for the other. Get to a lawyer today even if you have to pay a consultation fee. You do not want to miss your deadlines for filing and a lawyer will need a few days to do the paperwork.+

My law practice is devoted solely to the practice of family law.  If you would like a consultation with me or a family lawyer in my firm, call 201-795-5566 or 908-301-1111. We can help you proceed.   You may also want to visit www.karensaminski.com to familiarize yourself with some aspects of the process.